A female probationary firefighter was released Partner Geoff Sheldon And Senior Counsel Jennifer Palagi Defeat Firefighter’s Petition.

A female probationary firefighter was released from probation after failing to meet the fire department’s performance standards. She challenged the decision under the county’s civil-service rule that permits at-will employees to appeal discipline they contend was based on non-merit factors, such as a protected status or activity.

LCW successfully represented the county’s fire department before the civil service commission. The former firefighter then filed a petition for writ of administrative mandate in the California Superior Court under Code of Civil Procedure section 1094.5 to challenge the commission’s decision.

The Court denied the firefighter’s writ petition and upheld the commission’s determination that the former firefighter had not met the performance requirements of the position.