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Probation

Probationary employees, have, amongst others,  the right to be protected from discrimination, harassment, retaliation, various acts that arise under tort law, not being provided adequate leave, and denial of reasonable accommodations

In addition, probationers may have a liberty interest. ” Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, 346 states that a failed probationer may be entitled to a name clearing hearing where the individual’s termination ‘. . . is based on charges of misconduct which “stigmatize” his reputation or “seriously impair” his opportunity to earn a living, or which might seriously damage his standing or associations in his community. Where there is such a deprival of a “liberty interest” the employee’s remedy mandated by the Due Process Clause of the Fourteenth Amendment is “an opportunity to refute the charge” (and) “to clear his name.” Phillips v. Civil Serv. Com, 192 Cal. App. 3d 996 (Cal. App. 4th Dist. June 16, 1987)

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