Cited by
Opinions in Louisiana that cite Boucher v. Division of Employment Security of the Department of Labor, 75 So. 2d 343.
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Bannister v. Department of Streets
647 So. 2d 382
La. Ct. App. 1st Cir. 1994
(1954), in which the supreme court held that the termination of three civil ^service em *386 ployees was improper because each had been removed without prior advance written notice as mandated by the state civil service rule then in effect.
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Sidney N. Collier Memorial Vocational-Technical School v. Caulfield
460 So. 2d 54
La. Ct. App. 1st Cir. 1984
(1954), which has since been overruled by Sanders v. Dept. of Health & Human Resources
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Sanders v. Dept. of Health and Human Resources
394 So. 2d 629
La. Ct. App. 1st Cir. 1980
1 Cir. 1980), , (1954); hence, we sustained the appellant's peremptory exception on the ground that the appellant's removal was improper in view of the fact that the appointing authority failed to comply with Rule 12.3 of the Civil Service Commission Rules, which requires the appointing authority to furnish the Directo
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Paisant v. University of New Orleans
391 So. 2d 1238
La. Ct. App. 1st Cir. 1980
(1949), insofar as it held contrary to its decision in Sanders .
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Sanders v. Dept. of Health & Human Resources
388 So. 2d 768
La. 1980
[2] The *770 court noted that, although the application of the rule was "hypertechnical" and Ms. Sanders had shown no prejudice resulting from its violation, , (1954).
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Picton v. Sewerage & Water Board
385 So. 2d 1259
La. Ct. App. 1st Cir. 1980
105 , (1955); , (1954); Pettit v. Reitzell, 202 La.
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White v. Dept. of Health & Human Resources
385 So. 2d 400
La. Ct. App. 1st Cir. 1980
(1954), Young v. Charity Hospital of Louisiana, 226 La.
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Sanders v. Department of Health & Human Resources
383 So. 2d 1053
La. Ct. App. 1st Cir. 1980
Our Supreme Court, , (1954), emphasized the importance of following every such Rule unreservedly.
- Shelfo v. LHHRA, Pinecrest State School 361 So. 2d 1268 La. Ct. App. 1st Cir. 1978
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Louviere v. Pontchartrain Levee District
199 So. 2d 392
La. Ct. App. 1st Cir. 1967
the Supreme Court held that an attempted dismissal was totally ineffective for failure to timely give notice to the Director notwithstanding proper notice was afforded the employee.
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Boucher v. Division of Employment Security, Department of Labor
169 So. 2d 674
La. Ct. App. 1st Cir. 1964
“ ‘This is in no manner an attempt to rationalize the conduct of this appellant for it has not been proved to my satisfaction that he conspired to commit or committed fraud which would justify his removal from the State service.’ ” In this record we find an interlocutory ruling of the Commission which involved the first decision of the Supreme Court in *681 these cases ( ) and we quote the following portion thereof: “We are informed that the Supreme Court was requested to remand the cases to thi
- Colvin v. Division of Employment Security 132 So. 2d 909 La. Ct. App. 1st Cir. 1961
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Purdy v. Department of Revenue of the State
116 So. 2d 290
La. 1959
105 , , , , contends that the notice of Purdy’s retirement was illegal because it failed to notify him of his right to appeal to the Louisiana Civil Service Commission.
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Chadwick v. Department of Highways of the State
116 So. 2d 286
La. 1959
Counsel for Mr. Chadwick further say in this supplemental brief that the notice of his retirement was illegal because it failed to notify him of his right to appeal to the Louisiana Civil Service Commission, and they rely on Day v. Department of Institutions, supra, , .
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Hermann v. New Orleans Police Department
113 So. 2d 612
La. 1959
In the first Boucher case ( , ) we held that the removals of plaintiffs from office were improper and illegal and set aside the order of the State Civil Service Commission removing them from office.
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Munson v. State Parks & Recreation Commission
105 So. 2d 254
La. 1958
(a case involving removal for cause), the Director of Personnel must be furnished with advance written notice, as required by Section 2 of Rule XII of the Commission, before the appointing authority can notify the employee of his removal.
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Bennett v. Louisiana Wild Life & Fisheries Commission
101 So. 2d 199
La. 1958
Inasmuch as this Court did not in its prior decision ( , ) order plaintiff's reinstatement with back pay, it would not appear that the appointing authority violated a ministerial duty in not giving; plaintiff back pay on his reinstatement.
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Anderson v. Division of Employment Security of the Department of Labor
98 So. 2d 155
La. 1957
While that appeal was pending here, , .
- State Ex Rel. Boucher v. Heard 94 So. 2d 451 La. 1957
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State Ex Rel. Boucher v. Heard
84 So. 2d 827
La. 1955
See Boucher v. Division of Employment Security, etc., , .
- Parker v. Board of Barber Examiners 84 So. 2d 80 La. Ct. App. 1st Cir. 1955
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Day v. Department of Institutions
81 So. 2d 826
La. 1955
this Court held'that a person' who had acquired permanent civil service status could not be demoted, dismissed or discriminated against ’by the appointing authority without furnishing the employee and the Director, in advance of such action, a statement in writing giving explicit and' detailed reasons
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Colvin v. Division of Employment Security of Department of Labor
80 So. 2d 404
La. 1955
It is conceded by all parties that such failure of prior notice exists and in a , .
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Anderson v. Division of Employment Security of Department of Labor
79 So. 2d 565
La. 1955
and in that case this court held that the dismissal was improper.
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Distinguished
Domas v. Division of Employment Security of Department of Labor
79 So. 2d 857
La. 1955
Counsel for appellant seek to have the judgment rendered in the consolidated ■cases of Boucher v. Division of Employment Security of the Department of Labor, cited in , , control the issues here.