In a dispute over a promotion, case clarifies when an appointment can be voided
In a recent decision from California’s Court of Appeals, the probation periods for state workers have effectively been shortened due to a case filed by an employee over a promotion dispute.
In March, the third appellate district ruled that a former employee’s appointment started the day she accepted her position, rather than her start date. The recent ruling would mean California state managers will have “a little less time to fire or demote employees in new jobs,” The Sacramento Bee (TSB) reported.
Before the court’s decision, most state jobs had yearlong probation periods during which a manager may void a hire or promotion. “Since most people don’t start new jobs until several weeks after accepting them, most state probation periods will be that many weeks shorter moving forward,” TSB said.
The issue stemmed from a dispute by a California Public Employee’s Retirement System (CalPERS) employee’s promotion six years ago. According to the TSB report, Nancy Michaels had worked for CalPERS since 1980. In 2016, her employer offered her a data processing manager II job, and she accepted it.
According to records, Michaels’ official start date was May 5, but months later, an anonymous colleague protested that she didn’t meet the minimum qualifications for her position, which prompted an investigation by the State Personnel Board (SPB).
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