Legal Question in Administrative Law in California

State Exam in California

I recently took an promotional ''IT'' exam with the state of california. I already work for the state as a Mechical Technical Occupation Trainee but they do not consider it a ''state'' job. I applied for the test which I received a letter stating that I was ineligible. I called the exam unit and found that my app was flag to be re-reviewed. Once the exam unit re-reviewed my application they stated that I was eligible and sent my the test. I ranked 1. Now I have a job offer and personnel is stating that I shouldn't have been eligible. I lost the opportunity to take another test because I thought I was already on a list. The are taking away my inelibility for this promotional exam and nowI'm about to lose the offer for my position. I would like to hold them responsible for there answers. Once a decision has been made then it should stick and not cost people their jobs and livelyhood.


Asked on 11/30/08, 3:23 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: State Exam in California

Your questions will be answered by consulting with experienced local counsel, who will need to see all your documents, and discuss all the facts and issues. In general, if you actually were eligible and qualified, and the agency denied the job opportunity in error, then you can pursue a complaint through the grievance process. If this is in SoCAL, feel free to contact me for the legal help you'll need in the process and hearings.

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Answered on 12/01/08, 2:03 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: State Exam in California

I would write to the State Personnel Board and demand a hearing.

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Answered on 11/30/08, 3:28 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

Re: State Exam in California

If you meet all of the requirements for the position, then the test results should apply. If you don't meet all of the requirements (as conditions precedent), then your exam performance is irrelevant. I am not sure what you have missed out on by this delay. Explain it to me. If you meet all of the requirements for the original position, and you passed the exam, and you missed out on the position because the State incorrectly concluded you didn't meet the position requirements, then you have a case.

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Answered on 11/30/08, 7:37 pm


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