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david_chapman1234567890

due process and private entities

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can a private entity or business invoke due process requirements based on the wording of their own policies? This is a general question.  Please provide a case citation that would apply. I understand that businesses have to offer due process when doing things like terminating. I am wondering if there is a case that supports this across the broad with private entities that punish or discipline or take adverse action against an individual.thank you. P.S. ONLY professional attorneys reply.

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41 minutes ago, david_chapman1234567890 said:

P.S. ONLY professional attorneys reply.

If youwish to establish an attorney-client relationship send me a check.

 

The constitutional right to due process only pertains to actions by governmental agencies.  Various state constitutions and statutes may grant similar rights in specific circumstances, such as employment.  Even in the employment arena the primary grant of rights and protection arises out of equal protection, not due process.  However, those rights are mostly defined state by state and you have not mentioned the state.

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Unless an employment contract (and in one state in the country) says otherwise you are working under "employment at will".  There is no requirement for due process in the termination or dicipline of an employee that is employed under employment at will.

 

Where did you hear otherwise?

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3 hours ago, david_chapman1234567890 said:

I understand that businesses have to offer due process when doing things like terminating.

 

You understand wrong. With "at will" employment you can be terminated for any reason or no reason (as long as it doesn't violate any anti-discrimination laws) and you can be shown the door a minute later. The only things that might change that is if you have a bona fide employment contract, belong to a union, or work for a government agency.

 

3 hours ago, david_chapman1234567890 said:

P.S. ONLY professional attorneys reply.

 

They will, if you pay them to.

 

Otherwise, you are stuck with the rest of us.

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On 12/31/2018 at 10:41 AM, david_chapman1234567890 said:

can a private entity or business invoke due process requirements based on the wording of their own policies?

 

Not really sure what this means, but the only conceivable answer to the question, as phrased, is yes.

 

 

On 12/31/2018 at 10:41 AM, david_chapman1234567890 said:

Please provide a case citation that would apply.

 

We don't do case research -- especially since you didn't identify a jurisdiction.

 

 

On 12/31/2018 at 10:41 AM, david_chapman1234567890 said:

I understand that businesses have to offer due process when doing things like terminating.

 

That's generally incorrect for any employer other than a public entity or employer who has a collective bargaining agreement with a labor union that represents its employees.

 

 

On 12/31/2018 at 10:41 AM, david_chapman1234567890 said:

P.S. ONLY professional attorneys reply.

 

This is a public message board.  You get what you get and, ultimately, have no idea if anyone who responds on a public message board is an attorney or a trash collector.

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