Mass. Civil Service Commission Rules in Favor of Reinstatements

In two cases, the Massachusetts Civil Service Commission has overturned the state Human Resources Division’s policy and practice of denying civil service reinstatements on the grounds that an eligible list exists for the position to which an employee is seeking reinstatement. Attorney Ron Sellon represented a police officer who was denied reinstatement after leaving his position and Attorney Brian E. Simoneau represented a firefighter who resigned to work as a lifeflight paramedic. When both employees attempted to return to their former civil service positions, their employers petitioned HRD to allow reinstatement and HRD denied the requests. The denial was based on the existence of an active eligible list for the positions. The denial was challenged and the Civil Service Commission agreed with attorneys Sellon and Simoneau. The reinstatement statute allows civil service employees to return to their former positions, with HRD’s approval, so long as they return within five (5) years. The Commission is expected to publish the above-referenced cases in the near future.

About briansimoneau

Massachusetts Attorney who specializes in administrative & labor law including DLR, Civil Service, RMV, and Board of Appeals cases.
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