In the context of public employment in California, a probationary employee serves at the pleasure of the employer and may be rejected from a position without a hearing or a good cause. Swift v County of Placer (1984) 1534 Cal.App.3d 209, 215. However, a civil service probationer is entitled to have the statutory procedure for dismissal strictly followed. Santillano v State Personnel Board (1981) 117 Cal.App.3d 620.
Among other things, the requisite written notice of rejection must be served or or before its effective date. If these time limits are not met, no rejected is effected. Mere intent to dismiss within the specific time period if insufficient. Thus, if an employer sends a probationary employee a notice of intent with the date of termination beyond the probationary period expiration, this would generally not be a valid termination. Wiles v State Personnel Board (1942); Birdsall v Carrillo (1991). Generally, the probation period set forth an an employer’s own rules or charter cannot be extended except for in specific, listed circumstances, one of which is being suspended or being otherwise away from work for a period of time.
In order to terminate a permanent employee, a County employer must provide a right of administrative appeal under Government Code section 3304(b), as well as the per-termination safeguards provided by Skelly v State Personnel Board (1975) in the form of a “Skelly hearing”. Strict rules have to be followed during the appeal process, affording the employee all the rights under the law for presenting his defense to a discipline or termination and also arguing that the discipline imposed is too harsh under the circumstances.