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After several months assigned to the same position, is a Temporary Employee entitled to that position per the Labor Code?

San Rafael, CA |

I have been on a long-term temporary position for a few months now, I'm subbing for someone who is out with no known return date. I have heard that after a certain amount of time, one would be entitled to that position. Is this true?

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Attorney answers 3


No. There is nothing in the Labor Code that talks about working your way into a permanent position. Sorry. If you are in a union environment, there might be a collective bargaining agreement provision.

Good luck to you.

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Thank you sir. I appreciate your prompt response. I am in a public school environment. I will look at the CBA.


No, unfortunately there is no entitlement to become permanent. Moreover, even if you were to get the position and are not longer a temporary employee, you would be an "at will" employee and can be let go at any time for any or no reason, as long as its not based upon unlawful discrimination or in violation of a contract or collective bargaining agreement.

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Unless an employee has a contractual agreement with his or her employer, there is no guarantee that he or she can keep her position, temporary or otherwise. California is an at-will employment state, which means an employer can alter working arrangements or terminate an employee for any reason (except for an unlawful reason like discriminating or harassing based on race or age or other protected classifications).

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