Loudermill Rights: rights in case of involuntary termination
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.
I was employed by the City of _____ Iowa for the past 12 years, 9 months. I was laid-off due to "budget reasons". The City Council appointed a Committee to make the termination decision. I asked to address the Committee on my own behalf, but was denied by the City Administrator. No copies of the budget were presented to support this termination either. I am wondering if Loudermill Rights might have any application here?
I would definitely love to learn more about this and if it applies to every one of us in the coalition of unions. Management (ours anyway) loves to rub it in our faces that they don't have to inform us about any changes they intend to initiate that will cause stress and require us to make lifestyle changes such as sudden work hour adjustments, shift replacement, etc. Any info on this would be appreciated.