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LOUDERMILL RIGHTS
A Public Employee’s Right to a Redetermination Hearing

In another decision announcing a Constitutional right for public employees not possessed by private employees, the Supreme Court in Cleveland Board of Education v. Loudermill et al. (470 U.S. 532 (1985), 470 U.S. 532) March 19, 1985, held that most public employees are entitled to a hearing before they are discharged. These are hearings prior to decisions by the Agency to suspend, demote or terminate an employee. However, the “hearing” is not a full evidentiary hearing and need not include the opportunity to cross-examine your accusers. All that is required is:
• Oral or written notice of the charges and time for hearing
• An explanation of the employee’s evidence and
• An opportunity to present “his side of the story.”
For Federal employees, the right to make a written and/or oral reply to a proposed disciplinary/adverse action is codified at 5 USC 7503 and 7513.

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