In the case of Cleveland Board of Education v. Loudermill, what does a tenured employee have the right to before termination?

In the case of Cleveland Board of Education v. Loudermill, the U.S. Supreme Court established that a tenured employee has a property interest in their job, which provides specific rights before termination. One of these key rights is the opportunity to respond to any charges against them. This means that before a tenured employee can be terminated, they must be given a chance to defend themselves against the allegations or concerns regarding their performance or behavior.

This principle is rooted in the concept of due process. The law recognizes that job security for tenured employees is significant, and therefore it is essential to ensure they have the ability to contest decisions that could lead to the loss of their positions. Not only does this allow for fairness in the employment process, but it also serves to uphold the integrity of the workplace and ensures that terminations are substantiated by valid reasons.

In contrast, while written performance reviews, verbal warnings, or external mediation may be part of an organization's disciplinary procedures or performance management practices, they are not explicitly required for due process as affirmed in the Loudermill case. The central focus is on providing the tenured employee with the opportunity to respond to the charges before any termination decision is finalized.