NOTICE
§ 105.1. Written notice required.
(a) Each appointing authority shall give employees written notice of personnel actions affecting them. At the time that the appointing authority notifies an employee of a furlough or a suspension, it shall simultaneously submit a copy of the notice to the Director.
(b) The notice requirements in this subsection are mandatory. Failure to adhere to the requirements set forth in this section and § § 105.2—105.5 may nullify the personnel action.
Source The provisions of this § 105.1 adopted October 18, 1961; amended October 15, 1964 and April 16, 1970; amended March 29, 1985, effective March 30, 1985, 15 Pa.B. 1151; amended March 12, 2004, effective March 13, 2004, 34 Pa.B. 1442. Immediately preceding text appears at serial pages (261923) to (261924).
Notes of Decisions Failure to adhere to mandatory notice requirements of this section is not grounds for automatic nullification of personnel action. Department of Corrections v. Adamson, 567 A.2d 763 (Pa. Cmwlth. 1989); appeal denied 578 A.2d 932 (Pa. 1990).
An employee-applicant is not entitled to written notice of nonselection to fill a vacancy. Taylor v. State Civil Service Commission, 447 A.2d 1098 (Pa. Cmwlth. 1982).
When an employee is given inadequate notice of removal and receives adequate notice only after the stated effective date of dismissal, the effective date of removal is postponed until the date of the adequate notice and the employe is entitled to back pay until the date of the adequate notice. Wood v. Department of Public Welfare, 411 A.2d 281 (Pa. Cmwlth. 1980).
When a State employee received a letter listing certain actions as the cause for his discharge, he received notice sufficient to prepare a defense to the charges against him. Rizzo v. Civil Service Commission, 333 A.2d 212 (Pa. Cmwlth. 1975).
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