Loudermill Rights: rights in case of involuntary termination
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.
Categories: Education and Training
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?