Classified Employees – Reemployment – No Claim to Continuing Permanent Status Unless Rehired in Same Class/Grade as Previous Position

When classified school district employees are laid off due to lack of work/funds, they are subject to being rehired within 39 months.  If rehired, they resume their former employment status.  However, if they are rehired in a different position, the clock, in essence, restarts with respect to gaining permanent status. 

This rule was announced by the Sixth District court of appeal in CSEA v. Governing Board.  As the court noted:  “We hold that such an employee’s permanent status is restricted to the position or class in which it was attained and is not retained when the employee is reemployed in a different, lower position.”

For your convenience, a copy of this ruling is attached.

Our firm regularly advises public and private school employers, employee unions and individual employees about various legal issues that arise in the educational workplace, whether under the Labor Code, the Education Code, collective bargaining agreements, or otherwise. Feel free to contact us if you need assistance in this area.