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Patrick, Esq.
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Category: California Employment Law
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The county of los angeles gives test to Rns each year and

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The county of los angeles gives test to Rn's each year and return demo's if you miss any part of the demo after 2 tries you can be fired. How legal is this
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.Hello and thank you for entrusting me to answer your question.

While I can certainly understand how someone may regard this type of rigid exam requirement as unfair, it is not typically illegal.

Employers are free to make employment contingent upon the passing of an exam, provided the exam does not fail people of a particular race, ethnic background religion, gender, etc. to a disproportionately large extent. This is known as disparate impact and can under some circumstances be illegal.

Aside from the above exception, employers are free to terminate employees who fail competency tests because employment in the state of California is presumed to be "at will" absent an agreement to the contrary. More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other." What this means is that an employer is free to terminate you for any reason whatsoever, even a reason that is entirely unfair, unless the underlying motivation is discriminatory or otherwise in violation of California law.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
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