Terminated from Calif. state employment

[mikeinupland]

As of March 17, 1999 I was terminated from my
position as a Psychiatric Technician with the
state of CA when a disgrunted co-worker
falsely accused me of abusing a client. (I
first started with the State in 1971, and no
one has ever accused me of anything like this!) I'm appealing my dismissal thru the
State Personnel Board and fully expect to be
vindicated. However, I've been told that
there is a one year statute of limitations to
file a suit for wrongful termination, and
it's been nearly a year already since I was
fired. I've also been told that the "clock
doesn't start clicking" on the statute of
limitations until the State Personnel Board
issues their decision. I want to be certain
that I preserve my right to sue should, God
forbid, the SPB's decision goes against me.
Please reply if you know the straight scoop
on this...
Thank you,
mikeinupland@hotmail.com

 

[Ex Hr Guy]

This is not my specialty but I'd sure suggest you be sure you have a lawyer of your own who confirms that to you before St. Patrick's Day!

 

[Attorney_Replogle]

I have practiced employment law in CA, and to my recollection, the Statute of Limitations is not running since you are appealing the matter with the SPB. However, I am not positive primarily because I generally represented private employees, not state or union employees. So, I would strongly urge you to contact an employment law attorney on Monday and verify this. You can find one at attorneypages. Besides, you really should have an attorney to help you out with your appeal to the SPB. I used to work with an attorney that had two cases before them that lasted over two years.

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Mark B. Replogle

[This message has been edited by Attorney_Replogle (edited March 11, 2000).]