In Mierke v. Department of Water Resources (1980) 107 Cal.App.3d 58, the employee performed senior duties while holding an associate position. His superiors informed him that he would be compensated at the higher level; and the department certified that he had performed out-of-class services. The court rejected the employee's claim for the promised compensation, and observed with respect to the employee's performance of out-of-class duties: "This procedure is illegal. Government Code section 19255 provides: 'A person shall not be assigned to perform the duties of any class other than that to which his position is allocated.' Persons participating in a violation of this statute are of course subject to disciplinary action (see e.g., Gov. Code, 19572, subds. (a) fraud in securing appointment, (c) inefficiency, (d) inexcusable neglect of duty, and (q) violation of statute or board rule)." ( Id., at p. 59, fn. 1.)