See also Rule 5
An employee must have Career Service status to invoke the jurisdiction of the Career Service Hearing Office except on grounds of whistleblower violation. In re Patino, CSA 59-10, 1 (Order 8/20/10).
Employees attain career status through successful completion of the probationary period and the training programs required by Rule 6 [now 5] or through reinstatement after a layoff. In re Sample, CSA 72-07A, 3 (6/12/08); 5-42B [now 5-35A].
Career status gives the employee valuable rights, including to: be disciplined or dismissed only for cause, file grievances and appeals, earn merit increases, some protection against lay-offs, and full leave benefits. In re Sample, CSB 72-07A, 3 (10/16/08); CSR 5-62.
Career status confers due process rights to public employment on employee who attains that status. In re Sample, CSA 72-07, 8 (6/12/08); rev’d on other grounds, In re Sample, CSB 72-07A, 3-4 (10/16/08).
Probationary employees are subject to termination or demotion at any time, have limited appeal rights, and are subject to other restrictions. In re Sample, CSB 72-07A, 3 (10/16/08).
Prior to the end of the probationary period, the agency is required to notify the employee and CSA in writing whether the employee has passed probation. In re Sample, CSB 72-07A, 3 (10/16/08); CSR 5-53 [now 5-34].
Burden of proof resides with employee to prove his resignation was not voluntary, as it is presumed to be voluntary. In re Smith, CSA 14-10, 3 (6/4/10), rev’d on other grounds In re Smith, CSB 14-10A (11/4/10).
An employee must prove his resignation was not voluntary by a preponderance of the evidence. In re Smith, CSA 14-10, 3 (6/4/10), rev’d on other grounds In re Smith, CSB 14-10A (11/4/10).
CSB reversed Hearing Officer's finding that appellant’s resignation was involuntary where he declared “I quit” to his supervisor and director, after being warned they would accept any future threat to quit, and his words unambiguously expressed a clear intent to resign. In re Smith, CSB 14-10A, 2 (11/4/10), citing In re Augustine, CSB 05-09A (9/30/09).
Appellant bears the burden to prove by a preponderance of the evidence that his resignation was not voluntary. In re Qualls, CSA 71-08 (12/4/08).
If appellant proves his resignation was involuntary, burden shifts to agency to prove it properly dismissed him In re Qualls, CSA 71-08 (12/4/08).