• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Veterans Preference

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

usafcop580

Junior Member
Pennsylvania law.

Job announcement is posted like this: State university is looking for a patrol officer to provide police services to state university, students, employees, property, grounds, facilities, clientele, and the general public in a fair and impartial manner. This is basic police services work that includes that provision of routine and customary police services. The patrol officer works under the direction of the Director of Public Safety or his/her designee.

Requirements: Minimum Qualifications:
Selection Criteria: Minimum Education & Training:
One year of police experience and formal training in the provisions of basic police services as certified through Act 120 training or any equivalent experience or training. Possession of a valid motor vehicle operator's license and the ability to meet such qualifications regarding strength, agility and health will be required.


Applicant is a preference eligible veteran under Pennsylvania law and has received notice from PA Civil Service to be applied to non civil service jobs under this. Applicant has worked as a federal law enforcement officer and military law enforcement officer. Applicant has a received a waiver of training from the police standards board.

Under PA law, subject should of been selected for a position as a patrol officer based on the following: Waiver of training for the Act 120 police academy certification based on the word "Or" in the announcement for equivalent experience and training. Also should of been selected based upon the following portions of PA's veterans preference law:


PA Title 51 § 7104. Preference in appointment or promotion.

(a) Non-civil service.--Whenever any soldier possesses the requisite qualifications and is eligible to appointment to or promotion in a public position, where no such civil service examination is required, the appointing power in making an appointment or promotion to a public position shall give preference to such soldier.

PA Title 51 § 7105. Lack of training, age or physical impairment.

The lack of academic or scholastic training or experience, age, loss of limb or other physical impairment which does not in fact incapacitate any such soldier shall not be deemed to disqualify him, provided he possesses the other requisite qualifications to satisfactorily perform all of the duties which the position requires.


Questions relate to the following:

1. How would the applicant, file a case against the state agency for the above violations of the veterans preference law?

Human resources has stated they're not sure what the procedure would be and would the applicant be required to either sue through common pleas court or any other legal agencies?

2. PA has a 6 month statute of limitations for previous torts. Would this fall under the previous announcement or would the applicant be required to wait till the current announcement closes and non selection to file the complaint after getting other information via subpoena?
 


Zigner

Senior Member, Non-Attorney
Who are you in relation to the applicant?

Why do you feel that the applicant must be (or, must have been) hired, vs. the successful applicant?
 

usafcop580

Junior Member
Who are you in relation to the applicant?

Why do you feel that the applicant must be (or, must have been) hired, vs. the successful applicant?
I was the applicant's supervisor at another agency at the federal level. Person hired from what I was told was non vet recent police academy graduate.
 

Zigner

Senior Member, Non-Attorney
I was the applicant's supervisor at another agency at the federal level. Person hired from what I was told was non vet recent police academy graduate.
Thank you for answering the first question. You did not, however, answer the second.
 

usafcop580

Junior Member
By law, as the only applicant with veterans preference, he should of been selected. The only issue the other applicant brought was certification by the state police standards board. This agency is known for going through officers. The university itself has less than 750 students.
 

Zigner

Senior Member, Non-Attorney
By law, as the only applicant with veterans preference, he should of been selected. The only issue the other applicant brought was certification by the state police standards board. This agency is known for going through officers. The university itself has less than 750 students.
Wait - the other applicant had a certification already? How does that not allow for the other applicant to be more preferable?
 

Zigner

Senior Member, Non-Attorney
The other applicant already had certification from the state. I'm not sure why that wouldn't/couldn't override a "preference".
 

usafcop580

Junior Member
The other applicant already had certification from the state. I'm not sure why that wouldn't/couldn't override a "preference".
The job announcement has an "or" in the announcement and allows for substitution on the police certification. As a preference eligible veteran by PA law that applicant is required to be hired over a non veteran and doesn't need to meet the training requirement since the applicant meets the education and experience requirements. Once veterans preference is applied, training is not required.
 

PayrollHRGuy

Senior Member
The law requires that the applicant with the preference be hired over a like applicant without the preference. Hiring isn't done simply on the basis of education and testing. Example the preferanced applicant in this case simply could have blown the verbal interview.
 

HRZ

Senior Member
THe PA state law is pretty powerful as to a mandatory hiring preference at a state related institution for veterans ...and if ranked they get something like a 10 point preference . OP...have your associate promptly contact some legal resources familiar with PA application of veterans preferences . ( Similar issues arise in PA public schools which are technically units of state government ....and from time to time one sees whopping awards of back pay, seniority , accrued benefits , and costs to some veteran who met the requirements and was bypassed by local winds for whatever reasons . ...
 

Zigner

Senior Member, Non-Attorney
THe PA state law is pretty powerful as to a mandatory hiring preference at a state related institution for veterans ...and if ranked they get something like a 10 point preference .
Irrelevant here - that applies when there is a civil service exam, and it's already established that there was none in this case.
 

HRZ

Senior Member
THe absence of an civil service exam still leaves a mandatory preference for the veteran ....and may mean hiring unit better be able to demonstrate the person actually hired was head and shoulders above the veteran on some scale actually used.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top