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Due Process Law in the Workplace

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Due Process Law in the Workplace


Employers and their management teams have traditionally possessed the right to direct employees ( Tell them what to do and how to do it) and to take corrective and necessary action when needed. Nevertheless, many people also believe that a job is the property right of an employee and that the loss of employment has such serious consequences that employees should not lose their jobs without the protection of due process.

What is due process?

It is one of the most important rights that employees have in the workplace because it affects all of their other rights. It refers to the right of an impartial and fair hearing regarding employers decisions and procedures. This may also take place when the employer decides to get rid of someone and get them fired.

Due Process has an effective mechanisms and procedures for ensuring that there is justice among employees when disciplinary action is taken against them.

Managers usually define due process as the employee’s right to be heard through the employers own complaint procedure. However, proactive employers will also incorporate the following principals or rights in their interpretation:

  1. The right to appeal disciplinary action.
  2. The right to know job expectations and the consequences of not fulfilling those expectations.

  3. The right to consistent and predictable management action for the violation of rules.

  4. The right to progressive discipline.

So basically you, as an employee, have the right to present your position during any disciplinary action at your job. This is just one of the few rights that you have everyday when you go to work.

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Source by Tal Fighel


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