Section 6 Pre-Disciplinary Hearing When No Post-Disciplinary Hearing Is Required

• Library: Personnel Hearings 2011

Even though an employee has an interest in his or her employment deserving of due process protection, the employee may not be entitled to a post-disciplinary hearing. In State ex rel. Donelon v. Division of Employment Security, 971 S.W.2d 869 (Mo. App. W.D. 1998), the court dealt with a three-day suspension for which the employee had no statutory right to a post-deprivation hearing. To determine what process was due the employee before his suspension, the court balanced the three interests that the United States Supreme Court set forth in Mathews v....