According to Supreme Court precedent, some civil servants have a property interest in their job and, as a consequence, receive due process protections under the Constitution before they can be fired. In a new episode of POLICYbrief, Gregory Jacob, Partner at O’Melveny & Myers, explains three Supreme Court cases which have come to define the limits of hiring and firing civil servants in the United States.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Learn more about Gregory Jacob:
https://www.omm.com/professionals/gregory-f-jacob/
Differing views & related links:
How Does Due Process Protect a Public Employee?
https://employment.findlaw.com/wages-and-benefits/how-does-due-process-protect-a-public-employee.html
When a Job Becomes 'Property,' It's Hard to Fire a Civil Servant
https://www.washingtonpost.com/archive/opinions/1978/12/24/when-a-job-becomes-property-its-hard-to-fire-a-civil-servant/d503e8c9-cdfd-4d2f-a594-c2e1912bac1a/
'You're Fired': Ways to Get Rid of Bad Government Workers
http://www.governing.com/columns/smart-mgmt/gov-firing-public-employees.html
What is Due Process in Federal Civil Service Employment?
https://www.mspb.gov/netsearch/viewdocs.aspx?docnumber=1166935&version=1171499&application=ACROBAT
Individual Rights in Public Sector Employment
https://www.americanbar.org/content/dam/aba/administrative/labor_law/meetings/2008/ac2008/143.authcheckdam.pdf
