(15 ILCS 310/9a)
(from Ch. 124, par. 109a)
Hearings - transaction used as subterfuge for discharge.
employee who believes that he or she has been separated from employment
in the Office of the Secretary of State by a personnel transaction used
as a subterfuge for discharge may, within 15 calendar days after the final
decision of the Director of Personnel on the transaction, appeal in writing
to the Commission.
The appeal must allege specific facts which, if proven, would establish
a prima facie case that the employee was in effect discharged contrary to
and in violation of the requirements of Section 9 of this Act. Any appeal
which fails to allege sufficient and specific facts to support the allegation
may be summarily dismissed by the Commission. The Commission in due exercise
of its discretion may make its decision on the appeal after an investigation
of the allegations or it may order a hearing held on any disputed issues
of fact or law. In any hearing called under the provisions of this section
to resolve a dispute of fact, the employee has the burden of establishing
by the introduction of competent evidence a prima facie case proving that
the employee was pretextually discharged. Nothing in this section shall
be construed to preclude employees from timely asserting other rights
given to them under this Act.
(Source: P.A. 80-13.)