Unlike private-side employment where the vast majority of employees work under what is call “at-will” employment, government workers operate under a protected system known as “civil service.” Where an at-will employee can quit or be terminated without cause, a civil service system incorporates a series of steps dubbed progressive discipline. In addition, civil service affords government employees a number of procedural rights with regards to promotional exams and selection.
Civil Service Defined
Regardless of the government level, civil service provides a employment protection for government workers so they are not unfairly punished or awarded by the whims of politics. While executive management of agencies and government offices still remain political, with hired persons appointed into key control positions, the vast number of government workers up to the last level of middle management fall under civil service rules of one form or another.
Such systems require an objective hiring system, exams for rating eligibility, permanent status once a probation period is completed, and eligibility to promote in closed exam processes for higher level vacancies. Such systems also ensure progressive discipline is followed by management when correcting an employee’s behavior, so that employees are not arbitrarily punished or terminated for simply disagreeing with the direction of a political appointee manager.
Civil Service Involvement
For government workers, the eligibility of civil service begins the day the person is hired. For the first six months to a year, the hire is under what is known as a probation period. During the period the employee can be terminated quickly for simply not performing as expected. However, once passed, the hire then become a permanent employee and progressive discipline must be invoked for a termination. Many employees realize formal warnings, temporary cuts in pay or demotions before a termination actually occurs. Only extreme cases of workplace violence, a crime conviction, or immediate emergency can trigger faster action.
The one exception to the normal process for termination is where a municipal, state, or federal legislative process eliminates funding for the program an employee works in. In this instance, the employee is then designated surplus and can be summarily terminated within six months as the program shuts down. Such employees take first priority for any other vacancies in a given government system before receiving a pink slip.
Due Process
Within the civil service progressive discipline approach, the employee right of due process is confirmed. This allows an employee under discipline chances to argue his case and provide evidence that management is treating the employee wrong. Ultimately, such reviews and decisions are finalized in front of a third party personnel board outside of the given government office that employed the worker. An employee in many systems is not fully terminated until such appeals are finalized and decided. Even then a fire employee can take the case to court and seek a decision to overturn the firing if the case is strong enough.
Conclusion
Even despite many of the government reforms discussed regarding retirement plans and scaling back of government spending, government employee rights under civil service are unlikely to change anytime soon. The protections are well-embedded into the fabric of how government operates, and even attempts at trying to do away with collective bargaining rights would not remove the civil service systems that exist today. While many argue this is what slows government down, the upheaval from mass political hiring and firing every election would be far worse, so in some respect government rights help maintain continuity of services regardless of who gets elected to be in charge.
Sources:
“The Federal Civil Service,” Human Resources, U.S. Department of Interior, November 10, 2008.
California State Personnel Review Board
“About the Merit Systems Protection Board,” MSPB, 2009.
Resources:
U.S. Office of Personnel Management
U.S. Equal Employment Opportunity Commission