What is considered a personnel action?

PERSONNEL ACTION—The process necessary to appoint, separate, or make other personnel changes.

What is Section 3208. 3 h?

Specifically, Labor Code Section 3208.3(h) provides that “No compensation … shall be paid by an employer for a psychiatric injury if the injury was substantially caused by lawful, non-discriminatory good faith personnel action.”

What is Rolda analysis?

The Rolda case laid out a four-step analysis that the Workers’ Compensation Judge must follow to determine whether the claimed psychiatric injury is compensable or to be barred by Labor Code Section 3208.3(d) as having been caused by a lawful, non-discriminatory, good-faith personnel action.

Which law defines prohibited personnel practices?

Sometime referred to as the “catch-all” prohibition, this PPP prohibits agency officials from taking, or failing to take, a personnel action that violates any other civil service law, rule, or regulation that was designed to uphold the merit system principles.

What is an example of a prohibited personnel practice?

Advocating for your nephew in the selection process, passing along his resume to selection personnel, and serving as a reference for your nephew are all examples of the prohibited personnel practice of engaging in nepotism (i.e., hire, promote, or advocate the hiring or promotion of relatives), which is a violation of …

What are the 14 prohibited personnel practices?

A federal government employee shall not engage in nepotism (i.e., hire, promote, or advocate the hiring or promotion of relatives). 5 U.S.C. § 2302(b)(7). An agency official shall not retaliate against an employee for whistleblowing.

What are all the possible consequences if someone commits a prohibited personnel practice?

The OSC may also petition MSPB to discipline an employee for having committed a PPP. 5 U.S.C. § 1215(a)(1)(A). After a hearing, MSPB may impose disciplinary action ranging from reprimand to removal, debarment from Federal employment for up to five years, or an assessment of a civil penalty up to $1,000.

What are the possible consequences that may occur if someone commits a prohibited personnel practice?

Individuals found by MSPB to have committed a prohibited personnel practice are subject to removal, reduction in grade, debarment from federal employment for up to five years, suspension, reprimand, or fine of up to $1,000. or a combination of these potential disciplinary actions.

What does it mean to make good faith personnel decisions?

The employer is allowed a certain freedom in making its regular and routine personnel decisions. “To be in good faith, the personnel action must be done in a manner that is lacking outrageous conduct, is honest and with a sincere purpose, and is without intent to mislead, deceive, or defraud, and is without collusion or unlawful design.”

What is a “lawful nondiscriminatory good faith personnel action”?

Since there was no prior case that defined what a “lawful, nondiscriminatory, good faith personnel action” the appellate court looked at a wrongful termination case Cotran v. Rollins Hudig Hall Internal. Inc. (1998) 17 Cal 4th 93 (Cotran). This case described that there must be a “objective good faith standard” in determining the employers conduct.

What does it mean to be in good faith in employment?

“To be in good faith, the personnel action must be done in a manner that is lacking outrageous conduct, is honest and with a sincere purpose, and is without intent to mislead, deceive, or defraud, and is without collusion or unlawful design.”

Is there an objective good faith standard in determining the employers conduct?

This case described that there must be a “objective good faith standard” in determining the employers conduct. This appellate court concluded that 3208.3 has a similar meaning to the objective good faith standard. The employer is allowed a certain freedom in making its regular and routine personnel decisions.