Tag Archives: expectation of continued employment

The Tennessee Supreme Court has ruled that an at-will firefighter does not have an expectation of continued employment merely because a fire department’s employee handbook grants a right to appeal a disciplinary action. In so ruling the court concluded that the City of Cleveland did not violate the due process rights of firefighter Joshua Keller when it terminated him in 2012.

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Today’s burning question: Does Loudermill apply in states that are “at-will”? Our city administrator said a prominent HR attorney told her that due process, progressive discipline, and a Loudermill hearing process does not have to be followed in our state because we are “at-will”. Answer: There is alot of confusion over this issue and well-intentioned attorneys who oversimplify the complexity of the law are not necessarily helpful.

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Today’s burning question: I am a fire chief and in our city, all department heads who face termination have a right to a pre-disciplinary hearing and if terminated a right to a hearing before a panel or arbitrator. I believe ...

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