Frequently Asked Questions
about Appealing Service Worst

JULY 30
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HOW DO I KNOW IF MY POSITION SHOULD BE CLASSIFIED AS CAREER SERVICE?
Florida law provides that all state employees should be classified as Career Service except for those positions which are supervisory or confidential.

Supervisory—Florida law defines as supervisory only those positions where at least 51 percent of time is spent supervising other employees AND has the power to hire, fire and discipline. Please note the legal definition has nothing to do with whether a position has supervisor in the title.

Confidential—Florida law defines confidential positions as those who regularly handle collective bargaining (union-related) information that would be a conflict of interest. Please note the legal definition of confidential has nothing to do with whether employees handle confidential information such as in child-protection or law enforcement.

I RECENTLY RECEIVED A LETTER INFORMING ME THAT I HAVE 21 DAYS TO APPEAL MY TRANSFER INTO SES. WHAT DO I NEED TO DO?
Call AFSCME immediately at 1-800-541-0584 and, if possible, fax the letter to (850) 224-2961. We have the state’s best public employee lawyers (for example, they beat the state in this case) who will handle all aspects of your case. The 21 days starts as soon as you receive the state’s letter so call as soon as possible.

WILL AFSCME FILE APPEALS FOR SUPERVISORS?
Yes, we will file appeals for all employees who should be classified as Career Service. Call AFSCME so our lawyers can receive your case to determine whether your position should be in the Career Service.

DO THESE APPEALS APPLY TO EMPLOYEES WHO WERE LAID OFF OR TERMINATED SINCE SERVICE FIRST?
Yes. This applies to everyone who was transferred from Career Service to SES.
DO THESE APPEALS APPLY TO EMPLOYEES HIRED INTO SES SINCE SERVICE FIRST?
Yes. If a classification is wrong, the occupant of that position can appeal regardless. The Legislature decides in statute what types of positions should be SES—not the Administration.

WHAT IS THE PROCESS?

1. You get a letter noticing you of appeal rights.
2. You call us and, if possible, fax (850) 224-2961 the letter.
3. AFSCME files an appeal on your behalf to your agency. The agency can decide the case or send it to the Division of Administrative Hearings (DOAH) for fact-finding and recommendations by an independent administrative law judge (ALJ).
4. Your agency head makes final decision but can’t change the ALJ’s findings of fact.
5. If the agency head makes a decision we don’t like, the case can be appealed to the 1st District Court of Appeals which created these appeals in the first place by ruling that the state had violated your rights.

WHAT ABOUT OVERTIME?
A request can be made for correction of all your records, including overtime. However, the issue of overtime is highly complex and will require a case-by-case review. Regardless, you should gather all pertinent documents.

CAN FIRED PEOPLE GET THEIR JOBS BACK?
It is urgent that you contact AFSCME immediately because there are special considerations in these cases. However, we are confident that appeals of “no cause” firings of employees determined to be Career Service will be successful.

WILL I BE FORCED TO PAY PREMIUMS FOR HEALTH INSURANCE IF I RETURN TO CAREER SERVICE?
Yes. However, the days of free health insurance for SES are numbered. The Legislature passed and the governor signed SB 1006 by Sen. Stephen Wise which gives the administration discretion to offer “different benefit plans to officers and employees exempt from the career service and the employee paid premium.” This is what Senator Wise told the Tallahassee Democrat: “On a scale of one to 10, I think the chance that everybody will have to pay, sooner or later, is about a nine.”

WHY WOULD I WANT TO GO BACK TO CAREER SERVICE?
Career Service workers have civil service protections that prevent them from being disciplined or fired except for “just cause,” which means a valid, work-related reasons. This means Career Service workers can serve the public without worrying about their careers ending due to a private agenda. Career Service workers also are covered by the AFSCME union contract, which protects their terms and conditions of employment and gives them the right to bargain over any changes to those terms and conditions of employment.