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HomeEducation CodeDiv. 3Pt. 25Ch. 5Art. 6§ 45305 Employee Discipline Appeal Rights

§ 45305 Employee Discipline Appeal Rights

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 45305 Employee Discipline Appeal Rights

Key Takeaways

  • •If you're a permanent worker and get fired, suspended, or demoted, you can ask for a review within 14 days.
  • •This rule doesn't apply to temporary or new workers unless there are special rules.
  • •If you're still on trial at a new job level, you can be moved back to your old job without asking for a review.
  • •This rule doesn't change other protections you might have under Section 45309.

Example

John works as a permanent clerk for the city. He gets a letter saying he's fired for being late too much.

John can write back within 14 days to ask for a review of his firing. If he doesn't, he might lose his job without a chance to explain.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 45305 Employee Discipline Appeal Rights

Any employee in the permanent classified service who has been suspended, demoted, or dismissed may appeal to the commission within 14 days after receipt of a copy of the written charges by filing a written answer to the charges. Such an appeal is not available to an employee who is not in the permanent classified service except as provided by rules of the commission. An employee in the permanent classified service who has not served the time designated by the commission as probationary for the class may be demoted to the class from which promoted without recourse to an appeal or hearing by the commission, except as otherwise provided by rules of the commission; and provided, that such demotion does not result in the separation of the employee from the permanent classified service. Nothing in this section shall operate to alter the protections guaranteed under Section 45309. (Enacted by Stats. 1976, Ch. 1010.)

Last verified: January 23, 2026

Key Terms

permanent classified serviceappealprobationarycommission

Related Statutes

  • § 45306 Employee Appeal Hearing Rights
  • § 45247 Commission Appointment Terms
  • § 45250 Commission Member Meeting Pay
  • § 45252 Commission Office Accommodations
  • § 45263 Apprentice Position Classification Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 45305.
View Official Source