The term Loudermill Rights refers to those due process requirements that are followed when a tenured public employee is involuntarily terminated. Loudermill Rights are based on a U.S. Supreme Court decision: Cleveland Board of Education v. Loudermill (1985).
Tenured public employees were granted Loudermill Rights following a Supreme Court decision, which determined that most public employees have a property interest in their job. For this reason, they are afforded due process rights before removing or impacting their property interest in their job. This "property right" means non-probationary public employees can only be terminated for cause. They may also be entitled to certain rights in cases of severe discipline.
Generally, the following steps are followed when a tenured public employee is involuntarily terminated:
Note: If the employee does not attend the pre-termination hearing, the employer can still proceed with termination.
termination benefits, contractual termination benefits, special termination benefit, constructive discharge, voting rights