Due Process Requires Pre-Discipline Hearing Even If Appeal Rights Exist

A common misperception is that if an employee has access to a meaningful post-discipline appeal, the employer need not grant the employee a pre-disciplinary hearing. As the Village of Minerva Park, Ohio recently discovered in federal court litigation, the Supreme Court’s decision in Loudermill v. Cleveland Board of Education requires pre-disciplinary hearings in all cases where an employee has a property right to the job, even if a post-disciplinary…

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