Q: If one is fired without cause & is denied due process, is her property interest in the job considered "personal injury"?
This relates to 14th Amendment rights. All state remedies for unlawful termination and breach-of-contract complaints have been exhausted.
A: You do not state whether you are a government employee. Due process is not required in private employment circumstances, but typically is with public employees. Similarly, employees in the private sector typically have no property interest in their job, whereas a public employee may. Your question is difficult to answer because you write that "state remedies for unlawful termination and breach-of-contract complaints have been exhausted." To exhaust them you will have had to file a complaint in court and either had the complaint dismissed or had a ruling entered against you. If this is so, a complaint for loss of the job as a "personal injury" (if that is a viable action) should have been part of the same litigation, and the opportunity to do so now may be lost. Go back to your lawyer to explore this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
