ANSWERS: 8
  • The first question you should ask is if you have a right to due process? If you are not employed by the government, the answer is no. Even if you are employed by the government, the second question is do you have a liberty interest in your job (which is what entitles you to due process). Although I have never researched this issue, my guess is that the answer is no. If you do have a government job, and that job constitutes a liberty interest, we would then have to know how you came to be suspended. Government jobs usually have a process before you are suspended, which means due process was probably afforded to you. But we would need more facts to be sure. But the answer is most likely no, you were not denied due process.
  • Generally speaking, no. In the US, employment is generally considered at-will. The only way you have a right to anything is if it is specifically stated in your employment contract, or employment law.
  • Due process of law simply means proper legal proceedings regarding going to court and things like that. It doesn't have anything to do with your job. Your employers can do whatever they think is necessary to get to the bottom of the investigation. If your company was blocking you in some way from having your day in court, that would be denial of due process of law.
  • The "due process" protection provided by the U.S. Constitution only applies to actions by governmental entities, not to private employers. So, although your employer may be acting unfairly, it is not a violation of your rights to due process.
  • You need to be specific why you were fired. As you say they are investigating, if you were involved in a scam, you better get you ass out of the city and forget about your pay.
  • No, for several reasons. First, you have no right to due process if you don't work for the government. Second, it sounds like they are giving you due process. They did not fire you. Instead, they suspended you to investigate. Third, even if you had a right to due process, it would only kick in if you were deprived of something you had a right to. Unless you have a contract, you have no right to a specific number of hours.
  • Most states in the USA operate under "employment at will" laws, which means that an employer can terminate you or you can quit without any cause or reason. Employers are required to follow any guidelines they have published in their employee manuals; so as long as they are following the company's guidelines, you most likely don't have any recourse.
  • What are they investigating? No if they have reason to think you may be harmful to them they can suspend you. Your job is a voluntary contract and not a legal right.

Copyright 2020, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy