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)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/33658/public-employee-cant-refuse-due-process-hearing-and-sue "
- Beat discrimination lawsuits by nailing down specific rationale for employment decisions
- Disability discrimination law in Ohio a mess that needs cleaning up
- Is it legally risky to refuse to hire people who have been arrested?
- 'Association discrimination': A new frontier for HR?
- Track pay raises as defense to retaliation claims