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Employee Status

(See also Rule 5)


An employee must have Career Service status to invoke the jurisdiction of the hearing office except on grounds of discrimination or 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 or through reinstatement after a layoff.
In re Sample, CSB 72-07, 3 (10/16/08); § 5-42 B.  

Career status gives the employee valuable rights, including the right to be disciplined or dismissed only for cause, the right to file grievances and appeals, the right to earn merit increases, the right to some protection against lay-offs, and the right to full leave benefits.
In re Sample, CSB 72-07, 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 72-07 (10/16/08). 


Since an on-call employee does not hold career status under § 5-42, the only issues raised by the appeal are the discrimination claims. 
In re Wehmhoefer, CSA 02-08, 1 (Order 2/14/08).  

An on call employee does not have career status and therefore cannot invoke the jurisdiction of the hearing office in an appeal except on grounds of discrimination. 
In re Escalera, CSA 54-06 (Order 8/14/06); CSR §§ 5-42, 5-64; See also In re Wehmhoefer, CSA 02-08 (Order 2/14/08). 


Probationary employees may not appeal dismissal except on the grounds of discrimination or violation of the Whistleblower ordinance. In re Mora, CSA 125-08 (Order 11/28/08).  

While on employment probationary status, employees are subject to termination or demotion at any time, have limited appeal rights, and are subject to other restrictions.
In re Sample, CSB 72-07, 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 or not the employee has passed probation.
In re Sample, CSB 72-07, 3 (10/16/08); CSR 5-53. 

Upon termination of a probationary employee’s employment, employee’s right to appeal is limited to a complaint of unlawful discrimination, since cause is not required. 
In re Cooley, CSA 28-06 (Order 6/12/06); CSR §§ 5-61, 14-30. 

Rules require a terminated probationary employee asserting a claim of unlawful discrimination to file a complaint with a supervisor or manager.  Only after an unfavorable disposition of the complaint can the terminated employee file an appeal to the hearing
s office. In re Cooley, CSA 28-06 (Order 6/12/06); (decided under former §19-10 D). 

Agency may fire probationary employee without cause, and only basis for appeal is unlawful discrimination. 
In re Allen, CSA 16-06, 3 (6/6/06).  


Hearing officer's finding that resignation was involuntary was reversed where appellant told his supervisor and director "I quit" after being warned they would accept any future threats to quit, and words unambiguously expressed a clear intent to resign. In re Smith, CSB 14-10 (11/4/10), citing In re Augustine, CSB 05-09 (9/30/09).  

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