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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5274
Experience:  Extensive experience representing employees and management
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State of California probational employee evaluation regulations and/or laws

Resolved Question:

State of California probational employee evaluation regulations and/or laws
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

What question do you have regarding probational employee evaluations?
Customer: replied 2 years ago.

I am a probationary school district employee who was NOT evaluated whatsoever. I need to read my rights regarding this. I am going to file a PERB and it asks for:

STATEMENT OF CHARGE
a. The charging party hereby alleges that the above-named respondent is under the jurisdiction of: (check one)
Educational Employment Relations Act (EERA) (Gov. Code sec. 3540 et seq.)
Ralph C. Dills Act (Gov. Code sec. 3512 et seq.)
Higher Education Employer-Employee Relations Act (HEERA) (Gov. Code sec. 3560 et seq.)
Meyers-Milias-Brown Act (MMBA) (Gov. Code sec. 3500 et seq.)
Los Angeles County Metropolitan Transportation Authority Transit Employer-Employee Relations Act (TEERA) (Pub. Utilities Code sec. 99560 et seq.)
Trial Court Employment Protection and Governance Act (Trial Court Act) (Article 3; Gov. Code sec. 71630 - 71639.5)
Trial Court Interpreter Employment and Labor Relations Act (Court Interpreter Act) (Gov. Code sec. 71800 et seq.)
Expert:  Joseph replied 2 years ago.
I'm sorry to hear about your situation.

Unfortunately, there is no 'right' for a probationary employee to be evaluated, although probationary employees are typically evaluated every 6 months, but you would not have a cause of action against the school district because you were not evaluated.

I wish I had better information to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph, Lawyer
Satisfied Customers: 5274
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 2 years ago.
You may have rights under your Collective Bargaining Agreement that could have been violated by not receiving an evaluation, but there is no state law that requires probationary employees to receive evaluations.

If your collective bargaining agreement states that all probationary employees should receive evaluations, I would suggest that you file a grievance with the union for not receiving an evaluation in accord with the Collective Bargaining Agreement.
Customer: replied 2 years ago.
I like this answer better Mr Joseph! Thanks! Now, I have filed a grievance for vilating contract. IF my union fails to follow through with the grievance I filed (it did last year and I lost my previous job) what state law would that violate?
Expert:  Joseph replied 2 years ago.
That would violate your rights under the National Labor Relations Act as a union represented employee.

You can file a charge against the union with the National Labor Relations Board here:

https://www.nlrb.gov/what-we-do/investigate-charges
Joseph, Lawyer
Satisfied Customers: 5274
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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Joseph
Joseph
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Extensive experience representing employees and management