Both federal and state laws govern the relationship between a public employer and its employees. Consequently, it is important for employers to have an awareness of such laws. This chapter is designed to give public employers a brief synopsis of whether the public employer-employee relationship is covered by each law and what the substance of that coverage is. Public employers are encouraged to review each specific chapter in its entirety for a comprehensive discussion of the federal and state laws affecting their relationship with their employees.
Certain public employees are excluded from the employment at-will doctrine because of statutorily mandated systems, such as those employees working under civil service commissions. Additionally, many public employees are covered by a collective bargaining agreement. Public employees who may be disciplined only for “cause” or for “just cause“ are vested with a constitutionally protected property interest in continued employment. As a result, a public employer must provide these employees with procedural due process rights before termination. The condition of employment requiring discipline only for cause may come from statute, regulation, policy or contract. In this context, courts have interpreted that an employee...
Please call us at (312) 960-9400 if this is an error or if you have any questions.