Quote:
Originally Posted by Guest
Quote:
Originally Posted by Guest
Can a PERC hearing settlement be over turned or can the agency be held accountable after the settlement has been signed if new information has surfaced? For example lets say an employee had a termination letter but an agreement was reached before PERC, so the letter was withdrawn but the employee had to resign. Now said employee has an a resigned in lieu of termination. it was found out that a month before the resigned employees IA, there was another employee who was arrested but there was no IA for that employee, so no punishment. Does the resigned employee have a case due to the agency not conducting IAs equally, or administering punishment equally, or is the resigned employee just out of luck?
Out of luck probably imo.
I ran this by legal and this is the answer:
Now as to the one employee having an IA and another not, that would be a disparate treatment argument possibly. But that would be argued if the case had gone to a hearing. So now that the settlement has been signed and accepted by PERC unless there is a breach of contract as a result of one of the conditions agreed upon not being upheld there is nothing that can be done to withdraw the settlement and proceed to PERC.
Sorry. On the other hand, if there is more to the story and you want to discuss it with our legal department please contact us.