Employer denies employee due process

  • Dedication & Experience

    Representing clients in Southern California since 1925!

    What We Do
  • SoCal Blog: Stay Informed

    Read about developments in the law & how they may affect you.

    Recent News
  • Proven Track Record

    View the recent verdicts & settlements we've won.

    Our Results
  • Take the First Step Now

    Get help now! Use our quick contact form to email us.

    Free Case Review

Employer denies employee due process

Subcontractor was erroneously granted summary judgment concerning the contractor's ability to pay wages.

On August 3, 2011, in Walls v. Central Contra Costa Transit Authority, (US Courts of Appeals – Ninth Circuit, No. 10-15967) Walls worked as a bus driver for Central Contra Costa Transit Authority (CCCTA). Walls was terminated and then reinstated him subject to an agreement that Walls could not file a grievance or arbitrate the matter if he did not comply with the agreement. Walls violated the agreement by having an unexcused absence and was subsequently terminated.

The court found that Walls' Due Process was violated because it is required that an employee, prior to termination, have an opportunity to respond. Walls did not knowingly and voluntarily waive this right. Further, even though the agreement stated that Walls could not participate in the post-termination procedures of arbitration and filing a grievance, it did not waive Walls' right to pre-termination procedures. Therefore, because Walls was denied pre-termination procedures, the court found that Walls' Due Process rights were violated.

Categories: Wrongful Termination
  • Dedication & Experience

    Representing clients in Southern California since 1925!

    What We Do
  • SoCal Blog: Stay Informed

    Read about developments in the law & how they may affect you.

    Recent News
  • Proven Track Record

    View the recent verdicts & settlements we've won.

    Our Results
  • Take the First Step Now

    Get help now! Use our quick contact form to email us.

    Free Case Review
Spray, Gould & Bowers LLP - Orange County Lawyers
Located at 2 Corporate Park, Suite 201
Irvine, CA 92606.
View Map
Phone: (888) 427-8064
Website:
© 2017 All Rights Reserved.

Southern California's Law Firm

Since 1925

Contact our office to recieve a FREE case evaluation.

Call Now 888.427.8064
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.