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How to begin an appeal of a DQ

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  • How to begin an appeal of a DQ

    I know it varies according to agency, but if you receive a DQ do you first try to appeal the decision with the chief and other brass who were conducting the hiring, or would you go to the human resource department of the government agency that oversees the department (city, town, university, transit authority, etc.)?

    In this particular case, there is a human resources office that oversaw some of the testing I did, including medical exams, and while I was headed for that office I noticed a name on the directory board with a title "EEO manager" or something like that; I'm wondering if that's the place to start.

    Thanks for any ideas or experiences.

  • #2
    I think a DQ is a DQ. Do you have any specifics. Actually, come to think of it, I knew a guy who was DQ'd based on his vision test--he didn't fail by much, but it was outside of the hiring standards. He went to his own doctor who did an eye exam and wrote a letter stating that the candidate's vision fell within the city's requirements. The guy took this info to the civil service board and said he was willing to pursue the matter in court and that his Doc would testify that his eyesight was within city guidelines. I don't know whether the city agreed with the Doc or just thought the matter wasn't worth the time and trouble of a lawsuit, so they hired the guy.

    If it is a medical matter I would imagine that you would need testimony from a medical professional stating why you are right or should be hired. If it something as simple as "no MJ use within the last three years" and you have smoked up within the last three years, oh well, too bad for you.

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    • #3
      If the agency is a "Civil Service" agency, there is probably an established procedure to appeal a DQ. If the procedure exists, it's critically important that you file your appeal within all the required perameters,ie: time frame, paper work, and supporting documentation, etc. It's often adviseable to retain an Attorney to pursue an appeal. This Attorney should be one who is knowledgeable concerning appeal procedures and rules.

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      • #4
        As a matter of fact...

        ...it is a vision related thing.

        The specifics, or as many as I can give here: When I did the post-offer medical, the department's doctor told me -- in writing --that my vision would be acceptable only if I could get the State's Criminal Justice people to OK a test I had done previously by an approved clinic.

        The State did give an approval, and what's more, there's a passage in their police officer medical hiring standards that mentions specifically the test I had done as an acceptable alternative.

        However a few days later I was then told that the department's doctor no longer felt that the alternative test was acceptable. I haven't yet been able to get an explanation as to what made him change his mind.

        In my not-so-humble opinion, the department's original approval of my test results should prevail.
        Last edited by TheBoxer; 07-24-2008, 10:50 AM. Reason: Additional info

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        • #5
          Originally posted by TheBoxer View Post
          ...it is a vision related thing.

          The specifics, or as many as I can give here: When I did the post-offer medical, the department's doctor told me -- in writing --that my vision would be acceptable only if I could get the State's Criminal Justice people to OK a test I had done previously by an approved clinic.

          The State did give an approval, and what's more, there's a passage in their police officer medical hiring standards that mentions specifically the test I had done as an acceptable alternative.

          However a few days later I was then told that the department's doctor no longer felt that the alternative test was acceptable. I haven't yet been able to get an explanation as to what made him change his mind.

          In my not-so-humble opinion, the department's original approval of my test results should prevail.
          Which is exactly why I think you should retain an Attorney. It might cost you a little, but it could be well worth it. Good luck.

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          • #6
            Originally posted by PhilipCal View Post
            Which is exactly why I think you should retain an Attorney. It might cost you a little, but it could be well worth it. Good luck.
            Thanks...it might come to that. I just found a "Dear Applicant...the conditional offer of employment is hereby withdrawn" letter in the mailbox.

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            • #7
              Originally posted by TheBoxer View Post
              I know it varies according to agency, but if you receive a DQ do you first try to appeal the decision with the chief and other brass who were conducting the hiring, or would you go to the human resource department of the government agency that oversees the department (city, town, university, transit authority, etc.)?

              In this particular case, there is a human resources office that oversaw some of the testing I did, including medical exams, and while I was headed for that office I noticed a name on the directory board with a title "EEO manager" or something like that; I'm wondering if that's the place to start.

              Thanks for any ideas or experiences.

              I would just move on. DQ means they weren't interested. If you overturn the DQ and do get on, I think you will experience nothing but problems. Just my two cents.
              "Would I ever leave this company? Look, I'm all about loyalty. In fact, I feel like part of what I'm being paid for here is my loyalty. But if there were somewhere else that valued loyalty more highly, I'm going wherever they value loyalty the most. " --Dwight K Schrute (The Office)

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              • #8
                Traditionally each town will have a personnel department that oversees all city hiring. You usually start there. +1 to what the others have said. This is a tircky legal area and you need an attorney skilled in civil service law to deal represent your interests.

                Check with some of the local police associations or unions and find out who their attorneys are. The should be able to point you in the right direction.
                Going too far is half the pleasure of not getting anywhere

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                • #9
                  Originally posted by miked6 View Post
                  I would just move on. DQ means they weren't interested. If you overturn the DQ and do get on, I think you will experience nothing but problems. Just my two cents.
                  I agree, and I do plan to plug away at other agencies. Trouble is, there aren't that many others that are hiring near where I live. And the chief himself sounded really disappointed when I last talked with him, almost as though he was kind of exasperated with the medical and HR people. I got the impression throughout that he really wanted me to get through the hiring process.

                  If I pursue it, it will be partly because I feel that I've really been wronged -- that they arbitrarily reversed themselves and disregarded what is a widely accepted test by similar police agencies in this state, not to mention the fact that the State's own CJ people said that my vision was well within the acceptable limits.

                  Thanks for the advice.

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                  • #10
                    Originally posted by GB0610
                    I WOULD agree with this poster if they dropped you in the background or poly stage. But they dropped you for a medical issue, some arbitrary standard that has nothing to do with your suitability for the position.

                    Keep fighting.

                    Exactly. I sailed through every stage of the process. Everybody I spoke with seemed encouraging and generally pleased with me, telling me that I was one of the top people out of a couple hundred who had applied. Just a few days before this bombshell was dropped, the chief and I had a phone conversation discussing the steps that would lead up to my entrance into the next academy.

                    I really think that the director of their medical dept. isn't really familiar with vision issues and just decided to blow me off.

                    Comment

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