What Is Employment Due Process?

The right to due process is enshrined in the Fourteenth Amendment to the U.S. Constitution.   Sometimes government employees have a property interest in their jobs and are entitled to due process before they can be fired.

Among the lesser-known rights held by each American citizen is the right to due process. This means that the government cannot take away a citizen’s life, liberty, or property interest without giving them notice and a fair hearing. The right to due process is enshrined in the Fourteenth Amendment to the U.S. Constitution. The right to due process often comes up when the government needs to take someone’s property public use. However, sometimes government employees have a property interest in their jobs and are entitled to due process before they can be fired.  This typically comes into play when there is a disciplinary action taken against a government employee whose employment terms are spelled out in a contract, often negotiated by a union. In most states, private employment is considered “at-will” meaning the employer may terminate employment at any time for any reason without due process.

The lawyers at Tishkoff are experienced in many areas of employment law. Please contact us for more information. The attorneys at the Tishkoff, located in downtown Ann Arbor, Michigan, may be reached by phone or email.