News & Press

Bill Haluck and Matt Golper Prevail On Appeal in Mooney v. County Of Orange in a Published Opinion Out of the 4th Appellate District, Division Three Addressing Previously Unanswered Questions as to the Applicability Of Govt. Code §§ 31721 and 31725

In an Appellate Opinion that will have far reaching application to public employers faced with the decision of what to do with a disabled employee that filed for and was denied disability retirement benefits, the Court in Mooney specifically defined the key terms in each of the statutes involved in finding that the County of Orange neither dismissed nor separated Ms. Mooney from her position in the Orange County Probation Department. Implicit in the finding was that the County had no duty to either place her back to work or file and/or appeal on her behalf the disability application/determination, as spelled out in each of these statutes. This decision has already been touted as significant in the Labor & Employment Case Law Alert of the State Bar Labor and Employment Law Section.