Here’s encouraging news for public employers: A fired employee can’t sue for deprivation of due process if she refuses to participate when the employer offers a due-process hearing.
Recent case: Wendy worked as an HR manager for Lancaster County. She claimed she was fired because she stood up for disabled citizens. At the time she was terminated, she was offered a hearing to defend herself against allegations that she wasn’t doing her job. She refused to participate in what she saw as a sham due-process hearing.
Then she sued, alleging that she was fired without due process. The court said she couldn’t simply refuse to participate in the hearing her employer was willing to provide and then sue. It dismissed her lawsuit. (Chan v. County of Lancaster, et al., No. 10-CV-03424, ED PA, 2012)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- You don't have to wear blinders to an applicant's known disability
- Follow up after bias complaint to make sure employee isn't experiencing retaliation
- Ensure that arbitration agreements are clear
- Don't invite EEOC to fish through your files