Court Of Appeal Holding Clarifies Employer Calculation Of Probationary Period

864 Words Aug 12th, 2015 4 Pages
Court of Appeal Holding Clarifies Employer Calculation of Probationary Period

A recent ruling by the California Court of Appeal clarifies when a government employer should calculate the beginning and end of an employee’s probationary period. In California Department of Correction and Rehabilitation v. California State Personnel Board (2015) --Cal.App.5th--, the Court of Appeal held that the first day of the probationary period should be counted when calculating the probationary period, and therefore, any notice not properly served as required by statute within the period is defective.
The case revolved around Appellant, McCauley, who was hired as a Correctional Sergeant at Avenal State Prison. His new position began on December 2, 2008 and was subject to a 12-month probationary period before becoming permanent. On December 1, 2009, the California Department of Correction and Rehabilitation (CDCR) served McCauley with a notice of rejection removing him from the position effective December 8, 2009. On December 2, 2009, another document was served on him extending his probationary period until December 8, 2009. McCauley contended the papers were invalid due to the CDCR’s failure to comply with timing and notice requirements in relation to the duration of the probationary period. He appealed to the California State Personnel Board which agreed with him and revoked the notice of rejection. The CDCR thereafter challenged the finding by filing a writ of mandate in the trial…

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