California Court of Appeal

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Seibert v. City of San Jose, 040268

In a labor and employment action, arising after plaintiff was terminated as a firefighter and paramedic for allegedly exchanging salacious emails with a female minor during work hours and misconduct toward a female coworker, the trial court's issuance of a peremptory writ setting aside plaintiff's dismissal is reversed in part and remanded where: 1) the Civil Service Commission retained jurisdiction over the matter despite the belated filing of the notice of discipline; 2) the trial court properly concluded that one charge related to the emails did not violate any applicable rule or policy; 3) The trial court's finding that plaintiff lacked knowledge of the minor's age was permissible; 4) the trial court erred in refusing to review contents of interview transcripts produced as evidence of misconduct towards the female coworker; and 5) the trial court should have directed further administrative proceedings be heard by an ALJ.

Appellate Information

  • Decided
  • Published 2016/05/31

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel

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