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Warning to Temporary and Probationary Employees

The Job You Save Could Be Your Own! (The APC Advocate, Spring 2002)

It's always been risky to be a temporary or probationary employee in the CSU. But a recent occurrence at one campus pointed out just how precarious it's become.

An SSP had completed the first of her two years of probation, and had no documented problems with her performance.

In mid-March of this year, she was called into a meeting with her manager who, without the inclusion of any union representation, asked the employee if she had sold any I-20s (an INS enrollment verification form for foreign students) or if she had asked anyone else to do so. She said she had not, at which point she was handed a letter placing her on administrative leave. Upon receiving the letter, she contacted her campus steward.

APC's involvement was immediate. The union began consulting with and supporting the employee through what appeared to be a disciplinary procedure, and was prepared to represent her at any meeting at which it would be helpful.

The employee repeatedly insisted that she had not done anything illegal or even inappropriate. Apparently, the issue of selling I-20s had arisen only as a result of the employee's having made a humorous passing comment to a colleague during lunch one day that one could pick up some extra money selling I-20s nowadays.

After three weeks on administrative leave, the employee was called to appear at a meeting at the University's HR office. APC's campus steward accompanied her to the meeting, as such meetings are a typical step in an investigation of possible wrongdoing by an employee.

But this was no such meeting. Instead, the employee was handed her final paycheck as a CSU employee and informed that she was being terminated during probation. Rather than continuing to pursue the matter through normal disciplinary procedures—during which an employee is presumably afforded due process—the CSU had decided to take the easy way out.

Clearly in this case, an employee was accused of inappropriate—and possibly illegal—actions, and then was refused the opportunity to present a defense. Technically the CSU was not out of compliance with our contract, as the University is not required to afford due process when terminating temporary or probationary employees.

Of course, the CSU’s tactic in this case seems a bit shady. Why? Because after making a specific accusation against an employee it chose to back off from normal disciplinary procedures—which would have provided the employee the opportunity to refute the charge—and instead “rejected the employee during probation” under Article 14.16 of the APC/CSU contract.

Until this issue is addressed in a future round of bargaining, the CSU is within its rights to use 14.16 in this way. What, then, can temporary and probationary employees do to protect themselves?

Be aware! And be vigilant! True, it’s sad that we need to issue this particular Alert!, because what we’re suggesting is that temporary and probationary employees need to be particularly careful about what they say and to whom they say it. But the CSU clearly won't hesitate to terminate your employment, even if it means suddenly shifting tactics to avoid the time, expense and aggravation of pursuing normal disciplinary procedures.

The bottom line: While you are in probationary or temporary status, the University may let you go without any reason. So do your best not to call this kind of attention to yourself. As unwarranted as it may seem, even simple jokes innocently blurted out over lunch can start a chain reaction leading to your “rejection” without recourse. Keep in mind that you’re not permanent and can be terminated without cause. The job you save could be your own!

Questions? Concerns?

If you have any questions or concerns about this Alert!, please contact your campus steward (for information on how to contact APC, click here).

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11/14/03

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