Is a state law impairing a public employee's right to compensation?

California, United States of America


The following excerpt is from White v. Davis, 121 Cal.Rptr.2d 51, 37 P.3d 647, 98 Cal.App.4th 969 (Cal. 2002):

Article I, section 10, clause 1 of the United States Constitution prohibits the states from passing any law impairing the obligation of contracts. Article I, section 9 of the California Constitution contains a similar clause providing that a "law impairing the obligation of contracts may not be passed." Generally, a public employee's right to compensation, once vested, "cannot be eliminated without unconstitutionally impairing the contract obligation," and that "[w]hen agreements of employment between the state and public employees have been adopted by governing bodies, such agreements are binding and constitutionally protected." (Olson v. Cory, supra 27 Cal.3d at p. 538, 178 Cal. Rptr. 568, 636 P.2d 532.)

Other Questions


What is the current state law governing a public employee's challenge to the degree of punishment imposed by a public agency due to employee misconduct? (California, United States of America)
What is the test for bringing a claim against a public employee or former public employee? (California, United States of America)
Can a public entity discharge an employee because he exercised a statutory right to join an employees' organization? (California, United States of America)
What is the state's position on the right to prohibit a pro-abortion group from using a publicly funded forum? (California, United States of America)
Is an employer liable for payment of workers' compensation to an employee when the employee sustains an injury arising out of and in the course of the employment? (California, United States of America)
Is a public employee entitled to a right to tenure? (California, United States of America)
Can a public entity or public employee be held liable for failing to post a warning sign? (California, United States of America)
Is it a crime for anyone to engage in a lewd act in any public place open to the public or exposed to public view? (California, United States of America)
Does our decision not to grant a state official immunity from liability in a medical malpractice case affect the immunity granted to a state employee? (California, United States of America)
What is the state employee's right to stay in his position? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.