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PSP BI disqualification appeal

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  • PSP BI disqualification appeal

    Does anyone have any experience or know someone that has appealed a BI disqualification and been successful?

  • #2
    I can't speak to your particular agency, however, as someone who was involved in hiring and firing for many years I can offer the following -

    Yes, I have heard of a very few people who have successfully appealed a background disqualification. I say a very few people because most applicants fail to understand what is necessary for a successful appeal.

    A background investigation is not the weighing of good against bad. You can have several degrees, speak five languages, have the Congressional Medal of Honor, an impeccable work history and credit rating, and none of that will make up for that time in college when you sold dope to earn spending money.

    Background disqualifications occur because there is something very specific in an applicant's personal history that meets the criteria for removal from the hiring process. Things such as "I'm really a good guy," or I really want the job," or "I've turned my life around," or "I have references," are meaningless in the appeal process.

    There are only two valid grounds upon which you can base your appeal:

    1. There investigation is incorrect and you do not meet the criteria for disqualification. In this case it is incumbent upon you to disprove as false or inaccurate, the derogatory information that was the basis for your DQ.

    2. The second basis for appeal is to prove that the criteria for disqualification has no legitimate relationship to the job you are seeking. For example, an applicant for a clerical job was disqualified on the background for not having a valid drivers license. She won her appeal when it was pointed out that a clerical is not required to operate a motor vehicle as part of their duties.

    So think very carefully about how you intend to base you appeal. If you are just looking for a second bite of the apple you will probably be out of luck. OTOH, if you can establish that you meet one of the above two appeal criteria you may have a chance.

    Also remember there is usually a very limited window within which you may file your appeal. Usually it is 5 or 10 days within being notified of your disqualification. Miss that window and you waive your right to appeal. Lastly, civil service law is not for the faint of heart. This is not a do it yourself project. If you have valid grounds for an appeal, hire a lawyer familiar with police/civil service law to represent you. No doubt your first response to that is, that's too expensive and you can't afford it. But remember, if you win the appeal and get the job, it is likely to pay you over $3 million dollars in pay and benefits over the next 30 years. When we're talking about that kind of money, you can't afford not to hire a lawyer. If you'r not sure who to hire, call your local police association or police union and ask who they use. That will point you in the right direction.

    Going too far is half the pleasure of not getting anywhere

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    • #3
      Valuable insight L1. I appreciate your reply

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