Case Summary

4839 REVIEW DENIED Under provisions of the Los Angeles County Code making a county employee's unexcused and unexplained absence for more than three consecutive regular working days an automatic resignation, language requiring that the county notify the employee that the employee will be deemed to have resigned as of a specified date at least 24 hours after the notice, but stating that failure to give notice does not nullify the resignation, was interpreted to mean that failure to give notice makes the resignation date back to the end of the original three day period, but does not relieve the county of the obligation to give notice before treating the absence as a resignation; so the language does not deny the employee due process.

SANDOVAL v LA COUNTY DEP'T OF PUBLIC SOCIAL SERVICES (Automatic Resignation) 169 CA4 1167 [See: 42 USC 1983; GovC 19996.2; Ogborn v City 101 CA4 448, T/AT 9/02; Venegas v County 32 C4 820, T/AT 5/04; Coleman v Dep't of Personnel Admin 52 C3 1102; Harman v City 136 CA4 1279, P/AT 11/07]