LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeEducation CodeDiv. 7Pt. 51Ch. 4Art. 3§ 88126 Employee Reinstatement And Compensation

§ 88126 Employee Reinstatement And Compensation

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

§ 88126 Employee Reinstatement And Compensation

Key Takeaways

  • •If an employee wins their appeal after being punished at work (like being fired or suspended), they can get their job back and may get paid for the time they missed.
  • •The commission can change the punishment to make it fairer, but they can't make it worse than what the boss originally decided.
  • •The commission can also make the boss pay for things like the employee's appeal costs, give them credit for time missed, move them to a different job location, or remove unfair notes from their work record.
  • •The boss must do everything the commission says in their decision and tell the commission when it's all done.

Example

A teacher gets fired for something they didn't do. They appeal, and the commission agrees the firing was unfair.

The commission can order the school to give the teacher their job back, pay them for the time they were fired, and even pay for the teacher's lawyer fees. The school has to follow these orders and tell the commission when it's done.

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

Official Source
View on CA.gov

§ 88126 Employee Reinstatement And Compensation

If the commission sustains the employee, it may order paid all or part of his or her full compensation from the time of suspension, demotion, or dismissal, and it shall order his or her reinstatement upon terms and conditions that it deems appropriate. The commission may modify the disciplinary action, but may not make the action more stringent than that approved by the board. In addition, the commission may direct any other action that it finds necessary to effect a just settlement of the appeal, including, but not limited to, compensation for all or part of the legitimate expenses incurred in pursuit of the appeal, seniority credit for off-duty time pending reinstatement, transfer or change of location of the employee, and expunction from the employee’s personnel record of disciplinary actions, cause, and charges that were not sustained by the commission. Upon receipt of the commission’s written decision, the board shall comply with its provisions. When the board has fully complied with the commission’s decision, it shall so notify the commission in writing. (Amended by Stats. 1995, Ch. 758, Sec. 221. Effective January 1, 1996.)

Last verified: January 23, 2026

Key Terms

commissiondutyfiremotionemployeeappealemployerwage

Related Statutes

  • § 88123 Employee Discipline Procedures
  • § 88097 Employee Notice Posting Requirements
  • § 88098 Employee Reassignment For Illness
  • § 88064 Community College Commission Eligibility
  • § 88080 Merit-Based Employee Selection Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 88126.
View Official Source