124-1-04 Tenure of improperly appointed employees.

(A) An appointing authority is estopped to raise the illegal appointment of an employee to defeat the tenure rights which would have been due that employee had he been lawfully appointed.

(B) After two years of service in a position in the classified service, an employee may become automatically certified under the provisions of section 124.271 of the Revised Code, notwithstanding the impropriety of his appointment.

R.C. 119.032 review dates: 02/28/2008 and 02/28/2013

Promulgated Under: 119.03

Statutory Authority: 124.03

Rule Amplifies: 124.03, 124.14, 124.56, 124.27, 124.271

Prior Effective Dates: 7/1/79