Predetermination Conferences in Florida (EEOC)

What Does a Florida Predetermination Conference Involve?

After a supervisor files disciplinary charges against a state employee with permanent status, the employee must receive written notice that includes the following:

• The proposed disciplinary action to be taken, such as suspension, reduction in pay, or termination
• The effective date of the proposed action
• The specific disciplinary charges against the employee and the reasons or facts supporting the charges
• A list of other documents supporting the disciplinary charges
• A statement regarding the worker’s right to request a predetermination conference, which must be held before the proposed effective date of disciplinary action

At a predetermination conference, a state employee can present relevant information to contest or explain the allegations underpinning the disciplinary charges against them. The state agency employer can apply whatever weight it deems appropriate to the employee’s information and evidence. Although an employee may bring a legal representative to advise or assist, Florida predetermination conferences do not involve legal procedures like those in court cases or arbitrations such as discovery or cross-examination.

Predetermination conferences may take place in person or over a conference call. The conference should also be held electronically to ensure a complete and accurate record of the proceedings. The employee may receive a copy of the recording at their request.

At the beginning of the conference, the person or persons conducting it must identify the participants and explain the purpose of the conference. The employee will then be allowed to present any documents, information, or other relevant evidence or to provide an oral or written statement. Any participants may ask questions to clarify the employee’s statements and to ensure that the employee has been given a full opportunity to present all information they believe refutes, rebuts, or explains the disciplinary charges.

After the conference, the employee will receive notice of the results, which may involve:

• The proposed final disciplinary action and the date on which it will become effective
• A revision of the proposed final disciplinary action
• A withdrawal of the disciplinary charges, with no action occurring against the employee

If the state agency chooses to proceed with discipline, the employee must be notified of their right to appeal the decision to an arbitrator or to pursue grievance procedures if the employee occupies a unionized position.

Who May Attend a Predetermination Conference?

The parties who normally attend the predetermination conference include:

• A human resources manager, or the person or persons authorized to make the final determination on the employee’s discipline
• The employee’s supervisor or administrator who filed the disciplinary charges
• The employee
• The employee’s attorney or authorized representative

What Evidence Is Presented at a Predetermination Conference?

Potentially valuable evidence you can present at a predetermination conference to contest disciplinary charges or explain the underlying facts and circumstances include:

• Documents and records relating to the disciplinary charges, such as work product, timesheets, or performance reviews
• Relevant video or surveillance footage and photos
• Relevant emails, text messages, internal messaging system posts, or social media posts
• Written statements from witnesses
• Outside documents and records, such as independent drug testing results if accused of substance abuse policy violations
• Your own written statement or an oral statement you make at the predetermination conference

An experienced attorney can review your unique situation and determine in more detail the evidence that could be useful in your defense.

How an Attorney Can Help with Your Predetermination Conference

At Cruz Law, we are committed to helping workers in similar positions defend themselves and their livelihoods. We can help you advocate for your interests at a predetermination conference by:

• Investigating the disciplinary charges against you and helping you recover evidence you may submit in your defense at the predetermination conference.
• Speaking with witnesses who may have relevant testimony that can be recorded in a written statement.
• Going over what you can expect to happen at the predetermination conference and throughout the disciplinary process.
• Answering your questions about your legal rights and options and the potential outcomes of your disciplinary charges.
• Helping you prepare a written or oral statement to present at the conference.
• Assisting you during the predetermination conference, including helping you with your statement and ensuring that you present all the information and evidence you want your employer to consider.
• Confirming that you understand the meaning of the post-conference notice you receive.
• Explaining your available legal options, such as a settlement, if your employer decides to move forward with disciplinary action.

Remember, much is at stake and time is of the essence. The sooner you get in touch with us, the sooner we can dedicate the time and resources to your defense.