Public employers have greater constitutional obligations to their employees than private employers do. Public employers have to give employees some sort of due process before termination because a job is a protected property interest. Now a court is considering whether changing the terms of a PTO bank is also protected.
Recent case: While out on leave, Debbie was fired by the Tehachapi Valley Healthcare District. During her time off, the district changed its PTO policy so employees couldn’t accumulate more time while on leave.
She sued, claiming a deprivation of due process and loss of property—her leave. The court said she should have an opportunity to develop that theory and try to expand the concept. Expect a final decision sometime in the next year. (Thebeau v. Tehachapi Valley Healthcare District, No. 1:13-CV-00730, ED CA, 2014)
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