What is the test for reinstatement of a probationary employee?

California, United States of America


The following excerpt is from Tiernan v. Trustees of Cal. State University & Colleges, 188 Cal.Rptr. 115, 33 Cal.3d 211, 655 P.2d 317 (Cal. 1982):

15 In her brief before this court, plaintiff asserts for the first time another argument in support of her claim to reinstatement. She argues that the circumstances of her employment gave her a valid "expectancy of reemployment." (Balen v. Peralta Junior College Dist. (1974) 11 Cal.3d 821, 831, 114 Cal.Rptr. 589, 523 P.2d 629.) She claims that this expectancy made her a "de facto" probationary employee entitled to all the procedural rights of such an employee.

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