How Long Does Probation Last for a Civil Service Position
My question involves labor and employment law for the state of: Louisiana
I was promoted to Assistant Fire Chief back in October. I have been on probation since. I think my probation is supposed to last 6 mos. Recently there was payroll fraud within our city and I was investigated for manipulating my time. I did not commit payroll fraud but the Fire Chief, Mayor, and HR director are suspending me and demoting me back to Captain. I need to know if I am supposed to be off of probation, and how does that play a roll in me getting demoted. My main concern is what action can I take to keep from getting demoted. Thanks in advance
Re: How Long Does Probation Last for a Civil Service Position
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ascott004
My question involves labor and employment law for the state of: Louisiana
I was promoted to Assistant Fire Chief back in October. I have been on probation since. I think my probation is supposed to last 6 mos. Recently there was payroll fraud within our city and I was investigated for manipulating my time. I did not commit payroll fraud but the Fire Chief, Mayor, and HR director are suspending me and demoting me back to Captain. I need to know if I am supposed to be off of probation, and how does that play a roll in me getting demoted. My main concern is what action can I take to keep from getting demoted. Thanks in advance
Are you referring to a city or county job? In any case, how long the probationary period for your job would be is usually clearly defined by the HR and they can very easily tell you. In general, with state civil service employment, probationary status tends to last a full year.
Are you thinking that it would be harder to demote you if you were not a probationary employee? Are you thinking they could not do it if you were not on probation? Apparently, their HR does not agree. Even if your probation in the new position only lasts six months, which you don't know for sure, you are still within that first six months, and any disciplinary action they've taken against you would've been taken within that time frame. The Fire Chief, Mayor and HR director all believe that you did something to cause them to think it warrants your being demoted back to Captain.
Have you any appeals on the matter? Are you in a union? Have you spoken with a local labor attorney? Frankly, I'm not sure there's a whole lot you could do, at this point, to keep from being demoted as it has already happened.
Re: How Long Does Probation Last for a Civil Service Position
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ascott004
are suspending me
Unpaid? You can file for unemployment benefits to mitigate your wage loss.
Re: How Long Does Probation Last for a Civil Service Position
Thank you so much for the info. I haven't appealed as of now but I'm not sure if there would be any use. I am not in the union any longer and i haven't spoken to a local labor attorney.
I am still working i sm getting demoted. I'm not sure if I can get unemployment benefits for wage loss.
Re: How Long Does Probation Last for a Civil Service Position
For state civil service positions, there's a regulation that governs probationary periods. I expect that you're employed by a local unit of government; you would have to investigate with that unit of government to determine whether it has any applicable rules or regulations.
However, absent a contractual or statutory reason why your employer cannot demote you, even if you are technically off of probation you can be demoted for misconduct. While I recognize that you deny committing misconduct, it appears that your employer believes that you did in fact manipulate your hours; otherwise it is difficult to believe that they would have demoted you.