The "property interest" discussed by the courts is a non-probationary public employee's limited right to continued employment. In other words, if the government decides to provide protections for its employees (i.e. make them not-at-will) then the Constitution requires a pre-termination hearing. Thanks for asking - I hope that helps!
Generally speaking, you have the right to consult with a representative before your Loudermill proceedings - but not necessarily to have the representative with you in the meeting. In fact, organizations can conduct a termination process without an in-person meeting - they only need to give you an opportunity to respond - which could only be in writing. In my opinion and experience, the best processes are to allow for a representative in the room. But that isn't actually required at the pre-termination phase. That said, if you are in a protected position (non-at-will) then you would have rights to a post-termination proceeding, where you could have a representative present and also have the ability to question witnesses. Thanks for watching - and for your comment!
Just a bit confused and have a question. What was the property interest exactly? How is that defined?
Love the video by the way, very informative :)
The "property interest" discussed by the courts is a non-probationary public employee's limited right to continued employment. In other words, if the government decides to provide protections for its employees (i.e. make them not-at-will) then the Constitution requires a pre-termination hearing. Thanks for asking - I hope that helps!
They wouldn' t allow me to have outside representation in my Loudermill Meeting(s).
Generally speaking, you have the right to consult with a representative before your Loudermill proceedings - but not necessarily to have the representative with you in the meeting. In fact, organizations can conduct a termination process without an in-person meeting - they only need to give you an opportunity to respond - which could only be in writing.
In my opinion and experience, the best processes are to allow for a representative in the room. But that isn't actually required at the pre-termination phase. That said, if you are in a protected position (non-at-will) then you would have rights to a post-termination proceeding, where you could have a representative present and also have the ability to question witnesses. Thanks for watching - and for your comment!