Loudermill Case Summary
Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985)
Facts:
Loudermill was hired by the Cleveland School District as a security guard. The application for the position asked about felony convictions, in which Loudermill answered that he did not have a felony conviction. The school district later determined that Loudermill had a felony conviction for grand larceny. Loudermill was already employed, so he was terminated for falsifying his application. Loudermill was not afforded the opportunity to provide evidence, testimony, or witnesses prior to his termination. Under Ohio law, Loudermill was a civil service employee and therefore entitled to legislative protections in termination matters. Ohio requires that civil service
employees …show more content…
Principle of Law:
The process for terminating government employees written in legislation details the steps that must be taken prior to the separation of the employee. Due process is required prior to separation.
Notes and Comments:
The Loudermill decision affirms that the government must show cause and give the accused the opportunity to respond prior to taking adverse action. Justice Marshall showed concern for the family and economic wellbeing of a person appealing administrative separation. Placing one on leave with pay allows the organization time to have the pretermination hearing and allow the appeals process time to work towards the resolution. Courts are backlogged and nine months in this case is not unheard of, that is a long time to be waiting to see if you will get your job back if you are not being paid.
This case also addressed the need to expediency in completing the hearing and appeal process. “Since the Due Process Clause requires provision of a hearing “at a meaningful time,” at some point, a delay in the post-termination hearing would become a constitutional violation” (Fazzolarfi, 1996). The message sent to
Facts:
Loudermill was hired by the Cleveland School District as a security guard. The application for the position asked about felony convictions, in which Loudermill answered that he did not have a felony conviction. The school district later determined that Loudermill had a felony conviction for grand larceny. Loudermill was already employed, so he was terminated for falsifying his application. Loudermill was not afforded the opportunity to provide evidence, testimony, or witnesses prior to his termination. Under Ohio law, Loudermill was a civil service employee and therefore entitled to legislative protections in termination matters. Ohio requires that civil service
employees …show more content…
Principle of Law:
The process for terminating government employees written in legislation details the steps that must be taken prior to the separation of the employee. Due process is required prior to separation.
Notes and Comments:
The Loudermill decision affirms that the government must show cause and give the accused the opportunity to respond prior to taking adverse action. Justice Marshall showed concern for the family and economic wellbeing of a person appealing administrative separation. Placing one on leave with pay allows the organization time to have the pretermination hearing and allow the appeals process time to work towards the resolution. Courts are backlogged and nine months in this case is not unheard of, that is a long time to be waiting to see if you will get your job back if you are not being paid.
This case also addressed the need to expediency in completing the hearing and appeal process. “Since the Due Process Clause requires provision of a hearing “at a meaningful time,” at some point, a delay in the post-termination hearing would become a constitutional violation” (Fazzolarfi, 1996). The message sent to