Legal Question in Employment Law in California

I was a sworn State of CA employee. Fired without due process or Skelly hearing - is that legal?


Asked on 3/11/13, 4:05 pm

2 Answers from Attorneys

Skelly and Govt. Code due process only apply to probationary and permanent civil service employees.

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Answered on 3/11/13, 4:22 pm
Terry A. Nelson Nelson & Lawless

in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice. In what category are you? Saying 'sworn' does not define it, but implies you were law enforcement, which generally is covered by specific procedural rules like union or civil service. If you think you are outside the 'at will' category, and if you think you can prove the firing violated the rules applicable to you, and if you are serious about hiring counsel to help in this, feel free to contact me.

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Answered on 3/11/13, 4:40 pm


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