Terminating the Employment Relationship

removed the employee from employment “based on the determination tha t she is no longer qualified to perform her duty.” The employee requested an appeal hearing for her termination, but the county stated that she was not entitled to an appeal hearing because she was not terminated for disciplinary reasons, but because she was unqualified for her position. The employee eventually received a determination from her own physician that she was fit for duty and presented the county with the report. The county then initiated an involuntary disability retirement and retired the employee. The employee filed a petition for writ of mandate in superior court to compel the county to grant her an appeal hearing under the memorandum of understanding for her termination. Ultimately, the Court of Appeal held that “ until the involuntary disability retirement becomes final, with no possibility of being set aside, [the employee’s] termination for cause remains in effect, unless expressly withdrawn, and [the employee] is entitled to an MOU appeal hearing. ” Riverside Sheriffs’ Assoc. (Sanche z) v. County of Riverside 283 A public safety officer was placed on involuntary unpaid leave because the county found that she was unable to perform the essential functions of her job with or without reasonable accommodation. The officer disagreed. The County applied for disability retirement with CalPERS and later approved the retirement over the objections of the officer. The officer requested an appeal hearing under the terms of the memorandum of understanding (“MOU”) which the County denied. The officer filed a petition for writ of mandate in superior court which the court granted and the County appealed. The Court of Appeal held that the officer was entitled to an appeal hearing both under the MOU and the Public Safety Officers Procedural Bill of Righ ts (“POBRA”) for the County’s “disciplinary actions” in denying the officer “wages and other benefits of her employment” when it forcibly placed her on unpaid leave.

9. I NVOLUNTARY D ISCONTINUANCE OF D ISABILITY R ETIREMENT B ENEFITS Employers of local safety members, CalPERS, or a county retirement board may require an employee who retired for disability to submit to periodic medical examinations to determine if the employee continues to be disabled, if the member is under the age for a service retirement (und er the age of 55 for ’37 Act employers). 284 If the member refuses to submit to the medical examination, their disability retirement benefits will be discontinued until their withdrawal of refusal. And if the refusal continues for one year, the disability retirement shall be canceled. 285 If, based upon competent medical evidence, the employer of a local PERS safety member, CalPERS, or the county retirement board determine the employee is no longer incapacitated from the performance of their duties, the member ’s disability retirement benefits will be canceled and

Terminating the Employment Relationship ©2022 (s) Liebert Cassidy Whitmore 80