§ 6.4.4.8.2 NAME CLEARING HEARING.

• Jurisdiction: Arizona

§ 6.4.4.8.2 Name Clearing Hearing. Another remedy?a name clearing hearing?may be available under limited circumstances. The right to such a hearing arises from the rule of law that many governmental employees have a property and liberty interest in their job.⁹⁹ Therefore, like any property or liberty interest, a person must be afforded due process before he or she is deprived of that right. As a result, if false information regarding a public employee's termination is publicly disclosed, an employee has a liberty interest in clearing his name.¹⁰⁰

The right to a name clearing hearing arises when "the reasons for dismissal [are] sufficiently serious to 'stigmatize' or otherwise burden the individual so that he is not able to take advantage of other employment opportunities."¹⁰¹

If, in the context of employment termination, the employer publicizes a charge that "impairs a reputation for honesty or morality," then a liberty interest is...