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1/25/2018 7:38:29 AM
Posted: 12/11/2001 9:01:25 PM EST
I need ANY information relating to case law of employment and how it relates to a probationary status. WI info would help the best, but I have a situation where any info or legal help would be greatly appreciated. Thanks much.
Link Posted: 12/12/2001 12:23:03 AM EST
FBI Law Enforcement Bulletin, Vol. 61, No. 6 (1992)
Link Posted: 12/12/2001 2:37:29 AM EST
[Last Edit: 12/12/2001 2:30:35 AM EST by natez]
The "Rights of Law Enforcement Officers" published by the labor relations Information systems [url] www.LRIS.com [/url] doesn't have anything on probationary status, and it is considered the standard legal reference for LE employment case law (I'm the Association rep). The just cause rights of probationary employees are usually defined in one of three ways: 1) State civil service law; 2) Collective Bargaining agreements that override state law; 3) Local ordinances that serve the same purposes as civil service legislation. It is pretty standard that a probationary employee can be dismissed without showing any cause during their probationary period. A probationary employee does not gain a property right to their job until the completion of their probationary period. However, if your agency has any kind of due process procedures for probationary employees, then they would have to show cause and you would be entitled to representation and a host of other things. Without knowing the policies and law involved, (and I am not a lawyer, anyway) I wouldn't be able to give you any more advice.
Link Posted: 12/12/2001 2:40:36 AM EST
For some reason, the link doesn't work, but if you cut and paste it, it will take you to the appropriate site.
Link Posted: 12/12/2001 6:56:10 AM EST
[Last Edit: 12/12/2001 6:51:27 AM EST by Dave_G]
This link works! [url]www.LRIS.com[/url] natez, for info, don't leave spaces between the board code and the actual URL.
Link Posted: 12/12/2001 3:14:10 PM EST
[Last Edit: 12/12/2001 3:06:47 PM EST by BarracudaBob]
Probationary periods are just that..if you screw up, you're toast. You may have a right to have a Police Union Official present when confronted by the CLEO but that's about it. Your case will be heard in front of a panel with you, your union rep and that's about it. Although they don't have to give a reason for dismissal, they usually do. To be removed from pro-status is pretty difficult...you'd really have to eff up. Sometimes, your evals won't cut it and your employment will be terminated. Cest la vie. A year or 6 month pro period is pretty generous and allows for a cross the board comparison of your work according to department criteria.
Link Posted: 12/13/2001 10:22:22 AM EST
Thanks for the advice so far. Our union attorney said that in 99% of the probationary case they won't take them because of the difficulties with probation. Mine is in the 1% however, and they are recommending taking it. My situation is tough in that there are no reviews, no meetings with the CLEO, no dicipline, and demonstrable singling out for harrassment due to an excersise of freedom of speech prior to his election and the fact I was hired instead of him, even though he was higher on the list. My letter doens't even have justifiable cause, and he needs to show reasons here. Doesn't have to be much, but he has to have something. Plus there's past practice in the county. So we're all flabbergasted at this situation I've got. Very unusual situation to say the least...I would be greatly appreciative of any case law that deals with these issues yet, to help in my legal case and research...thanks!
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