Q: My husband unjustly was fired by a california state prison. what recourse does he have?
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A:
As a government employee, your husband is entitled to certain rights but also must abide by certain requirements that do not pertain to employees in the private sector. For instance, he may be protected from termination without cause under the Civil Service Reform Act of 1978 (“CSRA”) (5 USC § 7513) or expressly protected by statute such as the California Whistleblower Protection Act (Govt C §§8547-8547.12). Further, he is entitled to a due process hearing before termination called a “Skelly hearing.” (see Skelly v State Personnel Bd. (1975) 15 C3d 194, 124 CR 14). However, there is also a requirement that he file a government tort claim before bringing a suit for wrongful termination in violation of public policy, which, with certain exceptions, must be filed within six (6) months of the date of your husband’s termination.
If your husband is a member of a union, he will want to consult with his union representative as soon as possible. If not, I would suggest he go to CELA.org (California Employment Lawyers Association) and do a member search for attorneys in his area with whom he can consult.
Best of luck,
Ari Leichter
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