When can a public employee challenge an employer's disciplinary action in a mandamus proceeding?
California, United States of America
The following excerpt is from Guillen v. Cnty. of Riverside, E058883 (Cal. App. 2014):
"It repeatedly has been held that '[d]iscipline imposed on public employees affects their fundamental vested right in employment,' and therefore, when a public employee challenges an employer's disciplinary action in a mandamus proceeding, the trial court is required to exercise its independent judgment on the evidence. [Citations.]" (Wences v. City of Los Angeles (2009) 177 Cal.App.4th 305, 314.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the current state law governing a public employee's challenge to the degree of punishment imposed by a public agency due to employee misconduct? (California, United States of America)
Is an employer entitled to a cost of action against an employee who sued for retaliation against the employer? (California, United States of America)
When an employer and employee are separately represented by an attorney representing the employee, what is the value of the employee's attorney's services? (California, United States of America)
Can a public safety officer's investigation by his commanding officer or other member of the employing public safety department that could lead to punitive action? (California, United States of America)
Is a default judgment against an employer in a personal injury action against an employee after the employee has been found not guilty by a jury? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
When a judgment is insufficient to provide residual proceeds to an employee's attorney, does the employee have to pay fees to the employee's lawyer? (California, United States of America)
Is there any case law allowing an employer to defend an employee against an employee in a separate action? (California, United States of America)
When an employer gives notice of an employee's notice, can the employee commence a civil action? (California, United States of America)
