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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19182
Experience:  Employment/Labor Law Litigation
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I have a question regarding termination of a municipal employee.

Customer Question

I have a question regarding termination of a municipal employee. Said employee has worked for as a clerk for for a city for a number of years but is getting laid off by the new mayor. The lay off is because of the "budget" but the city is actively hiring hiring for a new position in the Public Works Department as well as keeping an employee with less service time in the Public Works Department. Also the City Administrator position is getting a $30,000 increase in payroll for the newly hired administrator. The employee thinks that the layoff is because of close relationship with previous mayor and the current mayor is "cleaning house" of the previous administrations suppourters. I was just curious to know if this is a reasonable claim of discrimination and if the employee has any right to a case against the city. Thanks!
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. That's not a legally recognized form of discrimination in employment law. It's actually completely legal to "clean house" because the motivation is not one based on race, religion, gender, age, disability or recent FMLA use. So, the motivation itself is not illegal. The only way then that the job would be protected is through any sort of due process requirements before termination, assuming that the position is not "at will" which many smaller government positions are. If it is not an "at will" position though, the only complaint available here is deprivation of a property right (the job) in violation of due process. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.