Constitutional Protection for Public Employees Under Section 1983

In Perez v City of Roseville (2018), the 9th Circuit Appeal held that public employers may not take adverse action against an employee due to that employee’s constitutionally protected off-duty conduct, unless the conduct negatively impacts job performance or violates a valid, narrowly tailored regulation. Among other things, the court held that it is unlawful Read More …

Skelly Hearing And Your Wrongful Termination Case In Court

California public employees, including employees of state agencies, enjoy access to the expedited mechanism of resolving work related disputed and discipline imposed on them – a Skelly hearing. Skelly hearings are conducted for variety of disciplinary reasons. These reasons range from letters of reprimand and warnings to suspension or reduction in pay, administrative leave, AWOL Read More …

Whistleblower Protection for State Workers in California

California Government Code 8547 is the core statute that provides for whistleblower protection against retaliation for the State workers in California. The law states that state employees should be free to report waste, fraud, abuse of authority, violation of law, or threat to public health without fear of retaliation. This law covers University of California Read More …

Disability Rights Under SPB Rules

As expansive as disability rights of California workers are, the right of qualifying disabled employees of California State agencies are even more broad that those of private sector employees. This is illustrated by the precedent decision of the State Personnel Board No. 00-07. In that case, the Board considered whether the employee of the DMV Read More …

Public Employee’s Right to Union Representation at the ADA Interactive Process Meeting

PERB Decision No. 2409  / SEIU Local 1021 v Sonoma County Superior Court is an important decision holding that a public employee is entitled to have his union representative present at at the ADA / FEHA interactive process concerning accommodating his disability. In that case, the employer denied an employee’s request for union representative to Read More …