Does Judge order reinstatement if a former city employee prevails in a lawsuit?

I decided not to appeal for administrative hearing with civil service Board of Commissioners (Board) my unlawful termination from the City of Los Angeles. I was told by the clerk of the Board that I need to file with the Board a demand for reinstatement within 90 days of termination, so as not to bar future regular superior court action, pursuant to City Charter Section 1017 (which I verified to be true). I do understand that while I could file with regular superior court an unlawful temination claim against the City, I heard that the regular court's judge does not order reinstatement, if I prevail in the future.

I have three Questions:

1.) In the future, if the reqular court rendered favorable decision to my complaint, could I later go back to the Board to demand reinstatement, previously filed with Board?

2.) If not, are there other means to get reinstated?

3.) What is your comment: Otherwise, there is no sense that I should file unlawful termination claim in regular court, when in the future the judge could not order reinstatement if I prevail.

1 answer  |  asked Jan 9, 2010 1:13 PM [EST]  |  applies to California

Answers (1)

George Allen
In many types of lawsuits related to termination, a judge can order reinstatement. That does not necessarily mean that the judge will order reinstatement if you prevail. In most civil service appeals (arbitrations or administrative hearings) you will almost certainly be reinstated if you win.

The City of LA may have its own unique procedures regarding reinstatement. Your Union representative can advise you on this. Alternatively, contact an LA-area employment lawyer. Try to locate an attorney.

Good luck to you.

posted by George Allen  |  Jan 9, 2010 2:34 PM [EST]

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