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NonEstateEsq
NonEstateEsq, Attorney
Category: California Employment Law
Satisfied Customers: 5842
Experience:  Licensed Attorney since 2000. Columbia Law School graduate.
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I responded to a job posting for a permanent position with

Customer Question

I responded to a job posting for a permanent position with the state of California. After applying and interviewing, I was offered a permanent full-time position by my current supervisor. I quit my old job and relocated in order to take the current job. When I received my appointment paperwork (after I started the current position), it read that my appointment is only limited-term (12 months). I brought this matter to the attention of my supervisor and personnel. Apparently, someone in personnel made an error. I was told that it would be corrected and that my position would be converted to permanent after appropriate approval was received from headquarters. I have been in my position for over 6 months and have received high performance evaluations. I am off of probation and have been recommended for permanent status by my supervisor. Headquarters is still dragging their feet on this issue; they still have not given the approval to convert my position. Do I have any recourse?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  NonEstateEsq replied 3 years ago.
Is a written job offer all you had or did you have a written employment contract?
Customer: replied 3 years ago.
There is no written employment contract. I was extended an oral offer for a permanent position. Personnel has admitted that there was an error on their part and have told me that my position will be converted. It has been 4 months since they told me that, however, and they have not converted the position in the employee database.
Expert:  NonEstateEsq replied 3 years ago.
Without an employment contract, you have no legal basis upon which to force them to convert you into a permanent position, unfortunately.

Please let me know if you need any clarification.
Customer: replied 3 years ago.
Is that true even though I have received written performance evaluations and a written recommendation for permanent status from my supervisor when no performance evaluations are even given to limited-term employees?
Expert:  NonEstateEsq replied 3 years ago.
Yes, that is still true. A supervisor can recommend you and you can receive evaluations but there is still no written contract. In other words, you are still an at-will employee.
Customer: replied 3 years ago.
In state civil service, there are no "employment contracts." There are bargaining agreements between the state and groups of employees.
Expert:  NonEstateEsq replied 3 years ago.
Did you need clarification on any part of my answer?

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