The Murky World of Due Process in Disciplining Public Employees: The Supreme Court's Ruling in Gilbert v. Homar

Robert D. Lee

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DOI: 10.2190/2K68-VHB3-5D8F-2F60

Abstract

The Supreme Court ruled in Gilbert v. Homar (1997) that a public employer need not give an employee notice and hearing before suspending that employee without pay. The Court held three factors were to be considered in determining what due process was to be afforded: the employee's interest, government's interest, and the risk of erroneous deprivation through the procedures used. The Homar case raises issues of what constitutes procedural due process and substantive due process as pertaining to property rights and due process as it relates to the right of liberty. The implications of the Homar decision are explored.

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