California Court of Appeal

A state employee's resignation following his termination without due process does not cut off his remedies for the procedurally improper termination, and he can collect backpay from the date the decision of termination was made.

Appellate Information

• Decided 07/22/2004
• Published 07/22/2004

Judges

• GEMELLO, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Bill Lockyer, Attorney General, Pamela Smith-Steward, Chief Assistant Attorney General, Jacob A. Appelsmith, Senior Assistant Attorney General, Lyn Harlan and Karen L. Donald, Deputy Attorneys General, for Defendant, Real Party in Interest and Appellant and for Real Party in Interest and Respondent., Patton Wolan & Boxer, Roger W. Patton, Oakland;  Steven B. Bassoff, Sacramento;  Garfinkle Law Office, Maria J. Garfinkle, Gary Garfinkle, Lafayette, for Plaintiff and Respondent and for Plaintiff and Appellant.