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HomeGovernment CodeDiv. 4Ch. 2Art. 4§ 1365 Prohibition Removal Threats Appointments

§ 1365 Prohibition Removal Threats Appointments

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

§ 1365 Prohibition Removal Threats Appointments

Key Takeaways

  • •You can't fire or threaten to fire someone just because they won't add extra tests or rules for hiring.
  • •The only tests allowed are the ones already in the law, like the oath and civil service rules.
  • •This protects workers from bosses who try to make up their own hiring rules.

Example

A boss tells a manager to make new employees take a special test that isn't required by law.

If the manager refuses to do this and the boss fires them, the boss is breaking the law. The manager can only use the tests that the law already says are okay.

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

Official Source
View on CA.gov

§ 1365 Prohibition Removal Threats Appointments

It is unlawful for any person having the power of removal from office of any officer to remove or threaten to remove the officer from his office because the officer, in the appointment of any person to a position of public trust under himself, refuses to require any additional test or qualification, other than the oath prescribed by this article and tests and qualifications provided for under civil service and retirement laws, as a condition of permitting the appointee to enter upon or remain in the position of public trust. (Enacted by Stats. 1943, Ch. 134.)

Last verified: January 22, 2026

Key Terms

unlawfulpower of removalposition of public trustadditional test or qualificationoathcivil service and retirement laws

Related Statutes

  • § 1364 Prohibition Removal Additional Tests
  • § 1366 Injunction Against Removal
  • § 1362 Oath Administration Authority
  • § 1360 Oath Before Office Entry
  • § 1363 Oath Filing Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 1365.
View Official Source