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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.

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