Public Employee Termination Rules

Summary

Termination based on a derivative allegation like False Statements when original allegations are time barred depends on the Collective Bargaining Agreement and due process requirements. If Allegation C is independent, termination may be lawful. However, if it relies on time-barred Allegations A & B, it could be challenged. Key cases include Mathews v. Eldridge and Cleveland Board of Education v. Loudermill. Consult a local lawyer for specific guidance.

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In Washington state
It sounds like you're dealing with a complex issue regarding due process for public employees, specifically in Washington state. Due process generally involves ensuring fair procedures and the ability to respond to allegations. Here are some general points about due process:
- Allegations should not be time barred, meaning they must be timely and relevant.
- Employees should have a fair opportunity to rebut any allegations.
If you need more detailed guidance or wish to consult with a local lawyer, let me know, and I can assist with connecting you.
If a public employee (police officer) internal affairs investigation in Washington state was brought about by two original allegations A & B and a later interview led to an additional allegation C of “False Statemets” but Allegation A & B later become time barred under the Collective Bargaining Agreement can the Department still terminate on the derivative allegation C?
The ability to terminate based on a derivative allegation like "False Statements" when original allegations are time barred depends on several factors, including the terms of the Collective Bargaining Agreement and due process requirements. Key points to consider:
- If Allegation C relies on A & B, it may be challenged due to lack of opportunity to rebut time-barred allegations.
- Due process can be violated if termination is based on allegations that are time barred without a fair hearing.
Consult a local lawyer for detailed guidance. Would you like help finding one?
If termination was solely based on allegation C but allegations A & B are time barred does this change the lawfulness of the termination?
Case Rating: *
Termination based solely on Allegation C may be lawful if it is independently substantiated and does not rely on time-barred allegations A & B. However, if Allegation C is derivative of A & B, the termination could be challenged based on due process concerns. Consulting a lawyer could provide clarity.
Any citations for this case against derivative allegation C?
Case Rating: *
In the context of derivative allegations in employment law, especially concerning public employees, the issue often involves due process rights and the specifics of the Collective Bargaining Agreement. While specific case citations depend on your jurisdiction, some general references might include:
- Mathews v. Eldridge, * U.S. * (*): Establishes the framework for assessing due process claims.
- Cleveland Board of Education v. Loudermill, * U.S. * (*): Addresses the right to a hearing before termination.
For precise citations related to your case in Washington state or Virginia, consulting a local lawyer might be beneficial. Would you like more information on connecting with a lawyer?