Public Employee Rights: Hiring, Discipline, Termination, Speech and Interrogation

There are vast differences between public sector employees and private sector employees. A governmental employer faces restrictions that a private employer does not. Hiring, job conduct, discipline and termination take on a different meaning in the public sector.

Governments cannot hire without following processes that exist under the law. The advertising, hiring period, testing and screening processes are much more rigid and detailed than those seen in the private sector. Failure to implement or follow these processes can result in litigation.

While on the job, public employees have different rights and restrictions. There are First Amendment considerations that may apply to a public employer which are foreign to private employers. Public employees also have certain rights, under the Fifth Amendment, to refuse to answer questions as part of investigations.

Discipline and termination are also quite different. The "employment at will" concept that permeates so many private employment relationships has no place in the context of public employment. Public-sector employers generally cannot discipline, demote or fire employees unless there is "cause," and such employees get to present at a hearing evidence and reasons why there exists no basis for firing or other disciplinary action.

Listen as our panel of experienced professionals identifies and describes these important differences, and provides employment law professionals with valuable guidance in addressing these differences.

1. Public vs. private sector employment
   1. Economic differences: freedom to contract, employment at will
   2. Constitutional differences: the impact of a government actor
2. Job-decision concepts
   1. Hiring
   2. Discipline
   3. Termination
3. Conduct concepts
   1. Speech
   2. Investigation

The panel will review these and other relevant matters:

• Understanding fundamental differences between public and private rights and duties
• Employment decisionmaking in the public employment context
• Public employees' and employers' rights and restrictions