In Washington v. Burley, a School District Police Chief’s due process claim survived summary judgment because there was a genuine issue of material fact concerning whether the employer gave him “an opportunity to present his side of the story.” The court held that a reasonable jury could conclude that the employer never allowed the chief to submit a written response or otherwise present his response before being terminated.

In Kuhn, the plaintiff Eric Kuhn, a Deputy Sheriff, sued his employer, the county, alleging denial of procedural due process when he was terminated following a false rape allegations. The Sixth Circuit affirmed the judgment of the lower court dismissing Kuhn’s claim. The court found no due process violation occurred because Kuhn had proper notice and opportunity to be heard. Kuhn was given written notice of his impending termination, Kuhn was given a sufficient explanation that he would be terminated, Kuhn had several days in which to respond, and a post-termination hearing process was available to Kuhn.

In Department of Justice, 131 LA 550 (Moreland 2013), the arbitrator held that the denial of a promotion to a federal corrections officer was improper when the only reason for the denial was the existence of an excessively long ongoing investigation that implicated the grievant by mistake. Because the only clear reason for the denial of promotion was the improper investigation, and the employer did not enjoy unfettered discretion in determining promotions as dictated by statute, the CBA, and relevant regulations, the denial was improper and the grievance was sustained. The arbitrator also determined it was within arbitral authority to compel a promotion.