Probationary period statement of reasons

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Reference no: EM133808798

Question

On a wholly random basis, a state agency has given a few probationary employees who were not rehired at the end of their probationary period a statement of reasons and an opportunity for a hearing; but the agency has very rarely done so. No statute or rule of the agency required such a statement of reasons or a hearing. The employment of a probationary employee was terminated without a statement of reasons or an opportunity for a hearing. The agency did not even consider whether it should give him either. A suit by the employee requesting a statement of reasons and a hearing will probably be:

a) successful, on the grounds that failure to give the employee reasons and an opportunity for a hearing constituted a bill of attainder.

b) successful, on the grounds that an agency's inconsistent practices, even if unintentional, deny adversely affected persons the equal protection of the laws.

c) unsuccessful, because the employee does not have a right to be rehired that is protected by procedural due process.

d) unsuccessful, because the conditions of state employment are matters reserved to the states by the Tenth Amendment.

Reference no: EM133808798

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