Legal Question in Employment Law in California

if you take an oath of office in California for your job, is there any way you are still an "at-will" employee or are you entitled to "State Employee" protections (due process, Skelly hearing, etc)? I pay into both the PERS and PARS systems and do NOT pay into Social Security.


Asked on 4/13/13, 3:56 pm

1 Answer from Attorneys

Due process and Skelly hearings, etc., apply to civil service employees. There may be sworn employees who are also civil service, but I don't think so. I'm pretty sure that all sworn employees are by definition NOT civil service. In any case, if you are not civil service, not under a union contract, and not under a personal employment contract, you absolutely are an at-will employee, with actually slightly less rights than a private enterprise employee (for example you don't get waiting time penalties if you are not paid your last check and vacation at the time of termination of employment).

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Answered on 4/14/13, 3:57 pm


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