Section 5 Pre-Disciplinary Hearing When Post-Disciplinary Hearing Is Required

• Library: Personnel Hearings 2011

When a statute provides a full post-disciplinary hearing to a tenured employee who has been removed for cause, the pre-disciplinary hearing requirement is satisfied if the employee is given oral or written notice of the charges, an explanation of the employer’s evidence, and an opportunity to present the employee’s side of the story. Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985). The employee’s interests are balanced against the employer’s interest in swift discipline of an unsatisfactory...