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for Public Personnel Law Bulletin Vol. Issue 1, June 1994
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Abstract:
What predismissal hearing procedures must a government employer follow before firing an employee who has a constitutionally protected property interest in continued employment? In 1985 the U.S. Supreme Court considered this question in Cleveland Board of Education v. Loudermill. This bulletin discusses the Loudermill decision, examines the NC State Personnel Commission's regulations in implementing the Loudermill decision, surveys lower court decisions interpreting Loudermill, and reviews the requirements of an adequate predismissal hearing.