California Public Employee Relations
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The right to procedural due process is one of the most significant constitutional guarantees provided to citizens in general and to public employees in particular. Its entitlement has been created by statute, charter, ordinance, and other local laws or enactments. This pocket guide provides an overview of due process in public sector employment to assist employees and their employers in understanding their respective rights and obligations.

The guide explains who is protected, what actions are covered, what process is due, remedies for violations, and more. A section focuses on the due process rights afforded to several specific types of employees: state civil service, public officers, police officers, school district employees, and community college district employees. The Pocket Guide also includes a discussion of Skelly and other key cases on due process and the liberty interest.

The Due Process Guide includes:

  • The most recent court decisions and relevant discussion of due process in the collective bargaining context
  • The types of actions subject to due process protections, and those not covered
  • The process and procedures associated with investigations, pre-deprivation and post-deprivation stages
  • Available remedies for pre- and post- deprivation violations
  • Discussion of the Lybarger/Spielbauer admonition in the investigative stage, application of due process in the lay off context, and exhaustion of administrative processes requirement.

Author Emi Uyehara, now retired, was a partner in the San Francisco law firm of Liebert Cassidy Whitmore. Margot Rosenberg and Kate Hallward are partners in the law firm of Leonard Carder.

Table of Contents

  1. What is Due Process? (Page 1)
    1. Introduction (Page 1)
    2. Sources of the Right: The U.S. and California Constitutions (Page 2)
    3. What Is a Property Interest? (Page 3)
    4. Which Employees Have a Property Interest in Continued Employment? (Page 5)
      1. At-Will Employees (Page 5)
      2. Probationary Employees (Page 6)
      3. Temporary and Substitute Employees (Page 7)
    5. What Actions Are Covered? (Page 7)
      1. Dismissal (Page 7)
      2. Constructive discharge (Page 8)
      3. Forced Retirement (Page 8)
      4. Suspension Without Pay (Page 8)
      5. Involuntary Leave of Absence (Page 9)
      6. Demotion Resulting in Pay Reduction (Page 10)
      7. Job Abandonment (Page 10)
      8. Layoff (Page 12)
      9. Exception for Extraordinary Circumstance Requiring Immediate Removal (Page 13)
      10. Reprimand (Page 14)
      11. Transfer, Reassignment or Removal From Administrative Post (Page 15)
      12. Denial of Tenure (Page 17)
      13. Loss of Hours of Work (Page 17)
      14. Negative Evaluation (Page 17)
      15. Placement on Reemployment List (Page 18)
    6. Disciplinary Investigations (Page 18)
    7. Pre-Deprivation Due Process Rights (Page 20)
    8. Post-Deprivation Due Process Rights (Page 26)
      1. Elements of the Liberty Interest (Page 33)
      2. What Process Is Due? (Page 36)
      3. Availability of Damages (Page 37)
      4. Other Sources of Rights for Deprivation Hearings (Page 38)
      5. Summary (Page 39)
  2. Due Process Rights of Specific Types of Employees (Page 40)
    1. Public Officers (Page 40)
    2. State Civil Service (Page 40)
      1. Non-Managerial Employees (Page 40)
      2. Managerial Employees (Page 41)
    3. Trial Court Employees (Page 41)
    4. Police Officers and Firefighters (Page 43)
      1. Certificated Employees (Page 45)
      2. Classified Employees (Page 53)
    5. Community College District Employees (Page 55)
      1. Academic Employees (Page 55)
      2. Classified Employees (Page 60)
    6. Home Care Workers (Page 62)
  3. Key Cases Regarding Procedural Due Process (Page 65)
    1. Pre-Deprivation Procedures (Page 65)
    2. Post-Deprivation Procedures (Page 69)
    3. Liberty Interest and Procedural Protections (Page 70)
    4. Remedies (Page 72)
  4. Glossary (Page 68)
  5. Index of Cases (Page 77)
  6. Index of Terms (Page 85)
Weight 0.625 lbs
Dimensions 10 × 6 × 0.5 in