In a recent Court of Appeal decision, a probationary Deputy’s “desk assignment” counted toward his probationary period—which provide him with fully Skelly Rights after a lengthy administrative investigation.
Approximately 18-months later, the Department terminated Deputy Trejo. The Department took the position that he remained a probationary employee because they claimed his probationary period was extended in the County rules. The Department’s termination letter also informed Deputy Trejo of certain appeal rights. However, because the Department did not consider him a permanent employee, Deputy Trejo was not notified of any rights to a Skelly hearing or other pre-termination safeguards available to permanent County employees.