Does Judge order reinstatement if a former city employee prevails in a lawsuit?
I decided not to appeal for administrative hearing with civil service Board of Commissioners (Board) my unlawful termination from the City of Los Angeles. I was told by the clerk of the Board that I need to file with the Board a demand for reinstatement within 90 days of termination, so as not to bar future regular superior court action, pursuant to City Charter Section 1017 (which I verified to be true). I do understand that while I could file with regular superior court an unlawful temination claim against the City, I heard that the regular court's judge does not order reinstatement, if I prevail in the future.
I have three Questions:
1.) In the future, if the reqular court rendered favorable decision to my complaint, could I later go back to the Board to demand reinstatement, previously filed with Board?
2.) If not, are there other means to get reinstated?
3.) What is your comment: Otherwise, there is no sense that I should file unlawful termination claim in regular court, when in the future the judge could not order reinstatement if I prevail.
Answers (1)
The City of LA may have its own unique procedures regarding reinstatement. Your Union representative can advise you on this. Alternatively, contact an LA-area employment lawyer. Try www.cela.org to locate an attorney.
Good luck to you.
posted by George Allen | Jan 9, 2010 2:34 PM [EST]
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