McDevitt v. Corfman

3 Citing cases

  1. Corfman v. McDevitt

    142 P.2d 383 (Colo. 1943)   Cited 16 times
    In Corfman v. McDevitt, 111 Colo. 437, 142 P.2d 383, 150 A.L.R. p. 100, it is stated that where a private employee is wrongfully discharged and later restored to his position, he is required to minimize his damages and the employer is entitled to credit any outside earnings that he has received during the time that he was excluded from his position. Under a large majority of the decisions, the same rule applies to an employee of a municipality.

    MR. JUSTICE JACKSON delivered the opinion of the court. THIS case is a corollary of McDevitt v. Corfman, 108 Colo. 571, 120 P.2d 963. In that case we affirmed the action of the district court of Jefferson county in granting a mandamus against the members of the Colorado State Civil Service Commission in favor of three petitioners seeking restoration to positions under state civil service, all of whom were employees of the State Industrial School for boys at Golden.

  2. Schmidt v. Hurst

    109 Colo. 207 (Colo. 1942)   Cited 4 times

    [2-4] As we already have indicated, Schmidt's rank was 31 and his grade 4. Under the Constitution, a promotion is invalid without a competitive test, in which "the person ascertained to be the most fit and of the highest excellence" is entitled to appointment, notwithstanding any rule to the contrary. Rules which are inconsistent with the express provisions of article XII, section 13, are void and of no effect. McDevitt v. Corfman, 108 Colo. 571, 120 P.2d 963. In the latter case we held a civil service rule invalid which permitted the appointing power to summarily discharge a person in the classified civil service within the so-called probation period after the employee had been certified under competitive examination.

  3. REEB v. CIVIL SERV. COMM

    503 P.2d 629 (Colo. App. 1972)   Cited 4 times
    In Reeb v. Civil Serv. Comm'n, 31 Colo. App. 488, 503 P.2d 629, 631 (1972), the Colorado Supreme Court decided a permanently certified employee under civil service may be removed or disciplined only upon written charges and hearing.

    [1] A permanently certified employee under civil service may be removed or disciplined only upon written charges and hearing. McDevitt v. Corfman, 108 Colo. 571, 120 P.2d 963; Benson v. People ex rel. McClelland, 10 Colo. App. 175, 50 P. 212. [2] The only charge against plaintiff which the Commission could consider was the one set out in the bill of particulars.