7 results for 'cat:"Employment" AND cat:"Government" AND cat:"Due Process"'.
[Consolidated.] J. Garcia reverses the district court's dismissal of due process claims filed by a former career appointee in the Senior Executive Service who was removed from her position. She was entitled to notice and an opportunity to be heard before she was removed. Reversed.
Court: DC Circuit, Judge: Garcia, Filed On: May 10, 2024, Case #: 22-5150 , Categories: employment, government, due Process
J. Boom grants the Secretary of Defense's motion to affirm the Merit Systems Protection Board’s determination that the Defense Commissary Agency lawfully terminated the employee. The employee was placed on administrative leave after allegations of sexual harassment were made against him, and consistent allegations by multiple women support the decision. The agency detailed all factors and the board thoroughly considered its analysis and the employee's arguments, and correctly concluded termination was reasonable.
Court: USDC Western District of Kentucky, Judge: Boom , Filed On: March 19, 2024, Case #: 5:22cv61, NOS: Other Civil Rights - Civil Rights, Categories: government, due Process, employment Retaliation
J. Kobayashi dismisses a complaint stemming from the denial of an individual’s unemployment assistance, finding that the civil rights claims against the state, the governor and other state officials in their official capacity are barred by the 11th Amendment. Due process claims in their individual capacity also fail as the complaint is not clear on basic facts, such as whether the employee qualifies for unemployment benefits in the first place or what the denial process looked like.
Court: USDC Hawaii, Judge: Kobayashi, Filed On: October 13, 2023, Case #: 1:23cv385, NOS: Other Civil Rights - Civil Rights, Categories: employment, government, due Process
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J. Jones finds that the trial court improperly ruled in favor of the employee in his lawsuit challenging a decision made by the district to reassign him to a different position. The school district gave the employee ample notice of his reassignment and offered him due process in addressing his grievances. Furthermore, the education commissioner properly upheld the school district's decision. Reversed.
Court: Texas Courts of Appeals, Judge: Jones, Filed On: July 12, 2023, Case #: 03-22-00083-CV, Categories: employment, government, due Process