What is the test for overturning a penalty imposed by the California Department of Justice against an employee for gross misconduct?
California, United States of America
The following excerpt is from Blanchard v. Sotelo, 2d Civil No. B250121 (Cal. App. 2014):
"We may disturb the penalty the agency imposed only if it is clear that the agency abused its discretion." (Haney v. City of Los Angeles (2003) 109 Cal.App.4th 1, 11.) "'[T]he overriding consideration in these cases is the extent to which the employee's conduct resulted in . . . "[h]arm to the public service."'" (Ibid.)
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