240.316 Trial
service; regular status; procedures for transfer, demotion and separation of
employees. (1)(a)
Persons initially appointed to or promoted to a permanent or seasonal position
in state service shall be subject to a trial service period.
(b) An appointing
authority has the discretion to subject an employee to a trial service period
when:
(A) A management
service employee or a classified, unrepresented employee transfers to a
different agency;
(B) A management
service employee or a classified, unrepresented employee transfers back to the
same agency after an absence of more than one year;
(C) A former
management service employee or former classified, unrepresented employee is
reemployed by the same agency after an absence of more than one year; or
(D) A former
management service employee or former classified, unrepresented employee is
reemployed by a different agency.
(c) Any employee
who serves the trial service period designated by the Personnel Division or a
delegated operating agency for a given classification or as described in
paragraph (b) of this subsection shall be given regular employee status.
(2) Employees who
have acquired regular status will not be subject to separation except for cause
as defined by ORS 240.555 or lack of work, curtailment of funds, or
reorganization requiring a reduction in force.
(3) Procedures
shall be established by the division to provide for the layoff and opportunity
for reemployment of employees separated for reasons other than cause, which
shall take into account the needs of the service, qualifications, quality of
performance, relative merit and length of service.
(4) Procedures
shall also be established by the division for the transfer, discipline or
demotion of employees for the good of the service or separation of employees
whose conduct or performance continues to be improper or inadequate after
reasonable attempts have been made to correct it, where appropriate. [1979
c.468 §23; 1981 c.155 §1; 1989 c.134 §1; 1989 c.890 §11]
240.320 [Amended by 1969 c.80 §58;
repealed by 1979 c.468 §1]
Notes of Decisions
Bjurstrom v. Oregon Lottery, 120 P.3d 1235 (Or. Ct. App. 2005).
· cites it 4× “203(1) and (2) were not necessary because they would replicate existing protections for whistleblowers made possible under former ORS 240.316(5) (1987), repealed by Or Laws 1989, ch 890, § 11.”
Olsen v. Deschutes Cnty., 127 P.3d 655 (Or. Ct. App. 2006).
· cites it 2× “That statute provided: "ORS 240.316, 659.035 and 659.505 to 659.545 are not intended to: "* * * * * "(6) Restrict or impair any judicial right of action an employee or an employer has under existing law.”
Thurston v. Box Elder Cnty., 835 P.2d 165 (Utah 1992).
· cites it 2× “§ 23-2525(14) (1991) (performance record and seniority in service shall be considered); Or. Rev.Stat. § 240.316(3) (1991) (county shall take into account needs of the service, qualifications, quality of performance, relative merit, and length of service).”
Rushing v. SAIF Corp., 196 P.3d 115 (Or. Ct. App. 2008).
· cites it 2× “753(1) expressly provides that the provisions of ORS chapter 240, among a number of others, *670 “do not apply to the State Accident Insurance Fund Corporation.”
Oregon Pub. Employées Union v. State, 22 P.3d 251 (Or. Ct. App. 2001).
“” ORS 240.316(2). Temporary employees also are not entitled to health benefits, whereas regular-status employees are entitled to health benefits.”
Seiu v. Das, 54 P.3d 1043 (Or. Ct. App. 2002).
“' ORS 240.316(2). Temporary employees also are not entitled to health benefits, whereas regular-status employees are entitled to health benefits.”
Demaray v. Dep't of Env't Quality, 730 P.2d 547 (Or. 1986).
· cites it 2× “ORS 240.316(5) permits an employe to report activities of the supervisor which an employe believes are unlawful, and protects the employes against reprisals resulting from their disclosures.”
— Or. Rev. Stat. § 240.316(2) — 4 cases
Rushing v. SAIF Corp., 196 P.3d 115 (Or. Ct. App. 2008).
“753(1) expressly provides that the provisions of ORS chapter 240, among a number of others, *670 “do not apply to the State Accident Insurance Fund Corporation.”
Oregon Pub. Employées Union v. State, 22 P.3d 251 (Or. Ct. App. 2001).
“” ORS 240.316(2). Temporary employees also are not entitled to health benefits, whereas regular-status employees are entitled to health benefits.”
Seiu v. Das, 54 P.3d 1043 (Or. Ct. App. 2002).
“' ORS 240.316(2). Temporary employees also are not entitled to health benefits, whereas regular-status employees are entitled to health benefits.”
— Or. Rev. Stat. § 240.316(3) — 1 case
Thurston v. Box Elder Cnty., 835 P.2d 165 (Utah 1992).
“§ 23-2525(14) (1991) (performance record and seniority in service shall be considered); Or. Rev.Stat. § 240.316(3) (1991) (county shall take into account needs of the service, qualifications, quality of performance, relative merit, and length of service).”
— Or. Rev. Stat. § 240.316(5) — 2 cases
Bjurstrom v. Oregon Lottery, 120 P.3d 1235 (Or. Ct. App. 2005).
“203(1) and (2) were not necessary because they would replicate existing protections for whistleblowers made possible under former ORS 240.316(5) (1987), repealed by Or Laws 1989, ch 890, § 11.”
Demaray v. Dep't of Env't Quality, 730 P.2d 547 (Or. 1986).
“ORS 240.316(5) permits an employe to report activities of the supervisor which an employe believes are unlawful, and protects the employes against reprisals resulting from their disclosures.”
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