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RANSMEIER & SPELLMAN PROFESSIONAL CORPORATION ONE CAPITOL STREET CONCORD NH 03301 Tel. (603) 228-0477 Fax. (603 224-2780
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What is a "due process claim" by a public employee? by John T. Alexander Public employees enjoy the protection of
the Fourteenth Amendment of the United States Constitution, which provides that no state
may deprive a person of property without due process of law. A public employee terminated
from his or her position may bring suit under 42 U.S.C. Section 1983. That statute allows
a successful plaintiff to collect attorney fees as well as compensatory and punitive
damages. Whether a public employee has a property interest in continued
employment is a matter of state law rather than federal law. A property interest may be
created by a state statute providing, for example, that certain employees may only be
terminated for good cause. It may also arise from local ordinances, rules propagated by
the employing authority, an employee manual, or a collective bargaining agreement. If a court determines that the complaining employee had a property
interest in continued public employment, the next inquiry is whether he or she was
deprived of that interest. A deprivation need not be a dismissal, but could include
suspension, demotion, transfer at reduced pay, or other disciplinary action. Once the first two inquiries are resolved in the employee’s
favor, a balancing test is used to determine what process was legally due the employee.
The factors to be weighed include the private interest affected by the official action;
the risk of an erroneous deprivation of such interest through the procedure used; the
probable value, if any, of additional or substitute procedural safeguards; and the
government’s interest, including the government function involved and the economic or
administrative burdens which additional procedures would require. As a general principle,
parties are entitled to be heard at a meaningful time and in a meaningful manner before a
deprivation is complete. If you would like more information on this or other employment law matters, contact Attorney John Alexander (johna@ranspell.com). |
