Loudermill Rights
Loudermill Rights
A U.S. Supreme Court decision somewhat similar to Weingarten occurred in
1985, with the case of Cleveland Board of Education v.
Loudermill. This decision established what have come to be
called "Loudermill Rights" for public employees.
Loudermill Rights apply to incidents of involuntary
termination.
Prior to being terminated, "the . . . tenured public employee is entitled to
oral or written notice of the charges against him (or her), an explanation of
the employer’s evidence, and an opportunity to present his (or her) side of the
story."
Unlike Weingarten, the
employer has an obligation to
inform the employee of his/her Loudermill Rights.
The employee has the right to speak or not to speak at the
Loudermill (or "pre-disciplinary") hearing. Also, the employee has a right to
union representation, and the union representative may speak on behalf of the
employee.
If the employee chooses not to attend the Loudermill (or
"pre-disciplinary") hearing, the employer may proceed with termination