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What if an employer fails to follow the procedural requirements of Chapter 31, Section 41?

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June 01, 2000

Q: What if an employer fails to follow the procedural requirements of Chapter 31, Section 41?

A: Such missteps give rise to a separate appeal under Section 42, but the employee has to do more than demonstrate the misstep; there must be a showing of prejudice also. Defects in form only will not be enough to overturn discipline, especially if the employee could have, but failed, to object at the appointing authority level.