Public agencies hire employees through a civil service system, under which an employee is either a “Regular” employee or an “At-will” employee (among other categories). Step 1 – Determine Whether the Employee Truly is At-will or Probationary This article discusses the steps that members should take when deciding whether to release Probationary and At-will employees in order to avoid a lawsuit based on the release. ERMA members need to understand that even though these employees have no appeal rights, they could still file a lawsuit alleging that the release was discriminatory, retaliatory, or illegal in some other manner. However, these employees may not be released for an illegal reason. Similarly, “At-will” employees may be dismissed with or without cause and cannot appeal. Employees who are serving a probationary period before obtaining “regular” status may be released from their probationary period at any time, with or without cause, and have no right to appeal.
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