Marilynn Mika Spencer
Marilynn Mika Spencer, Employment / Labor Attorney - San Diego, CA
Posted over 1 year ago.

One more thing: Even if the employer did not follow proper procedures, nothing stops it from rescinding the discipline (or having the discipline thrown out) and then issuing the discipline again using proper procedures

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Asker
Posted over 1 year ago.

Wow! Thank you for your helpful and thorough response! It sounds to me as if the employment system is all over the place and disorganized. If it helps my case I was not provided with a notice of the proposed discipline or termination and was not given an opportunity to respond. How would I go about requesting a hearing before a decision maker? Thank you.

Daniel

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Asker
Posted over 1 year ago.

Oh, gosh. From your last comment, does that mean my chances are very slim? or do I still have to take some sort of necessary action?

Marilynn Mika Spencer
Marilynn Mika Spencer, Employment / Labor Attorney - San Diego, CA
Posted over 1 year ago.

I should have been more clear. The due process rights I mentioned apply to permanent employees only. If you were a permanent employee, the employer is obligated to provide you with the due process I mentioned above, which is called a Skelly process, named after the plaintiff in a case many years ago. There are strategic factors the weigh in on what the next move is and how to get the hearing. You really should consult with an attorney or two because there is far too much to go over here on Avvo. Plus, it's an open forum and anyone can read what is written here, including the employer.

I have no idea if your chances are slim because I have no idea why you were fired. If the only thing in your favor is your belief the wrong department fired you, then your chances are slimmer than slim. The entity that fired you was the employer, not any particular document. It doesn't matter who or what department initiated the process.

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Asker
Posted over 1 year ago.

How long does an employer have to present you with your last paycheck after termination? I haven't received mine yet.

Christine C McCall
Christine C McCall, Administrative Law Lawyer - Pasadena, CA
Posted over 1 year ago.

In most jurisdictions, the full due process rights mentioned in this attorney response apply ONLY where the probationary term has been completed. In most jurisdictions, such rights are not applicable to employees who have not passed probation. Most public-sector probations are a year (and a day); in some jurisdictions or for some positions, the term is six months.

Marilynn Mika Spencer
Marilynn Mika Spencer, Employment / Labor Attorney - San Diego, CA
Posted over 1 year ago.

Ms. McCall is absolutely correct that full due process rights apply only to permanent employees.