Probationary Periods and Rejections During Probation

It’s comparatively difficult to separate permanent employees from state service. A public policy balance was struck in affording permanent employees with strong due process rights: before an employee achieves permanent status, it is procedurally much easier to separate them from their position. For employees still in their probationary period, this process is called Rejection During Probation. The Probationary period is sometimes referred to as the “final interview stage.” While probationary employees do not have property interests in their positions, they are still afforded certain due process rights.

Rejections During Probation are not disciplinary actions, rather they are more commonly records of misalignment between employee and position. Employees have appeal rights to the State Personnel Board, but appeals must be filed more quickly – within just 15 days after service of the Rejection. Unlike in appeals from Adverse Action, in appeals from Rejection, the employee bears the burden of proving that the allegations lack all factual support or are the project of bad faith, abuse, or discrimination. Very few appeals from Rejection are successful, but there can be certain advantages to appealing and seeking settlements that improve an employee’s ability to secure future employment.

If a member comes to you having received a Notice of Rejection During Probation, it’s critical that you connect them with CASE Staff right away.