NCJ Number
137594
Journal
American Journal of Police Volume: 11 Issue: 1 Dated: (1992) Pages: 53-63
Date Published
1992
Length
11 pages
Annotation
State and municipal police managers and administrators must carefully and continually scrutinize their personnel policies to determine whether they create or limit civil liability under Section 1983 of Title 42 of the Federal Code which relates to due process violations in employee discharges.
Abstract
Recent developments in private sector State employment law have narrowed the employment-at-will rule by moving toward requiring employers to terminate permanent employees in accordance with established policies for cause rather than summarily at the whim of the employer. These developments have important implications for public-sector employers in that an implied employment contract or ordinance can create a property interest in public employment if State law establishes that property interests can be established in this manner. These general rules apply to both permanent and probationary public employees. Therefore, police administrators should carefully examine any proposed policies and ensure that supervisors comply with all personnel policies to avoid litigation in this area. Notes and 4 references