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HomeGovernment CodeDiv. 4Ch. 2Art. 4§ 1366 Injunction Against Removal

§ 1366 Injunction Against Removal

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1366 Injunction Against Removal

Key Takeaways

  • •If you work for the government and get fired (or threatened to be fired) just because you refused to take an extra test or meet a new rule, you can fight it in court.
  • •You can ask the court to stop them from firing you or make them give you your job back.
  • •This only works if the real reason for firing you is about these extra tests or rules, not for other reasons like bad work.

Example

A teacher has been working for years but is suddenly told they must pass a new test to keep their job. They refuse because the test wasn’t required when they were hired, and the school tries to fire them.

The teacher can go to court to stop the firing and ask to get their job back because the real reason for the firing is refusing this new test.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1366 Injunction Against Removal

Any officer or person who is removed or threatened with removal from any office or position of public trust may bring an action to restrain such unlawful removal or to enforce restoration by process of injunction, both prohibitory and mandatory, if the real reason for the removal or threat thereof is noncompliance with provisions requiring such additional test or qualification or the refusal to require any additional test or qualification in the appointment to a position of public trust. (Enacted by Stats. 1943, Ch. 134.)

Last verified: January 22, 2026

Key Terms

removalposition of public trustadditional test or qualificationinjunctionprohibitory and mandatory

Related Statutes

  • § 1365 Prohibition Removal Threats Appointments
  • § 1364 Prohibition Removal Additional Tests
  • § 1360 Oath Before Office Entry
  • § 1362 Oath Administration Authority
  • § 1363 Oath Filing Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 1366.
View Official Source