Perry v. State Civil Service Commission

Under the Civil Service Act, a cause for removal should be personal to the employee so that it renders the employee unfit for his position, which will make dismissal justifiable, so being that it is for the good of the service.  Perry, after being promoted to a management position in the Department of Labor and Industry, brought a firearm to work and was suspended for violating company policies. Just cause must be merit-related, and the criteria for determining whether an appointing authority had just cause for removal must touch upon the employee’s competency and ability in some rational and logical manner. There was evidence to establish that there was just cause to remove Perry because he knew or should have known of the Department of Labor and Industry’s prohibition of weapons in the workplace because he was given a copy of the Weapons Policy.

See Perry v. State Civil Service Commission, Perry v. State Civil Serv. Comm’n, 38 A.3d 942 (Pa. Commw. Ct. 2011); see also 71 Pa. Stat. Ann. § 741.807 (2012); Daniel E. Feld, Federal Constitutional Right to Bear Arms, 37 A.L.R. 696 (1978); Wei v. State Civil Serv. Comm’n, 961 A.2d 254 (Pa. Commw. Ct. 2008); 38 A.3d 942.

(Development authored by Farrah Champagne)