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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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Is "Due Process" applicable only in legal or court cases, or

Customer Question

Is "Due Process" applicable only in legal or court cases, or is it also defendable in cases like; let's say a person is fired from a job for no reason and without any oral or written warning. The employee 1.) did not violate policy (the oral reason given to him for his termination) 2.) was lied to about the reason he was being fired as he was told (oral) it was for violating policy, which the employee did not do, 3.) employee was not given the opportunity to see the reason (written) on the Exit Interview saying "excessively absent and tardy" until after the oral session was over. The employee was NOT absent or tardy even ONCE, 4.) employee was refused a copy of his clock check-in record (which would PROVE he was never tardy), 5.) employee was refused a copy of his work schedules (which would Prove he was never absent), 6.) employee was humiliated and laughed at and told that he could not litigate against Walmart. I believe I have an open & shut case because I have been given so much positive feedback by other managers and customers alike about what a great manner in which I represent my employer and I believe (so do others) that this manager who fired me for no reason considered me a threat to his job. Do I have a case? and if not, why not? Thank you so much.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Loren replied 1 year ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.Due process is typically only invoked as a reference to the constitutional protection entitled to a person involved in civil or criminal litigation. It is not something which would be typically invoked in a "non-court" setting.That is not to say that the procedures enacted and adopted in an employment setting are not enforceable or that the employer may ignore its contractual obligations. It just means that "due process" has a legal definition which applies to constitutional protections from the government, not a private citizen or organization.
Expert:  Loren replied 1 year ago.
With regard to your case for wrongful termination, a bit more detail would be helpful.Do you have a written employment agreement requiring cause for termination?Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?
Expert:  Loren replied 1 year ago.
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