Legal Question in Administrative Law in Virginia

Due process of law

Someone was fired from a government job for alleged criminal activities. How can this person be fired if they have not been convicted of a crime yet? Does due process of the law allow this person the right to keep their job until a conviction is made?


Asked on 12/08/04, 8:58 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Due process of law

Basically, yes, they would have to be convicted

of a crime before they coudl be fired FOR THAT

REASON. It would be important to know if they

are a regular civil servant, rather than a

political appointee or temporary worker, etc.

Secondly, it would be important to know if

perhaps there was sufficient evidence of

violating office policy or procedures, even

without any convictino of the crime. In other

words, if it is not necessary for the person

to be convicted to show that they were guilty

of a violation serious enough to INDEPENDENTLY

justify a firing, then they might be fired

in advance of a conviction.

But there are definitely serious due process

rights that govern and there must be some

precise reasons for the firing. I think

it deserves some careful examination.

Read more
Answered on 12/08/04, 11:56 pm


Related Questions & Answers

More Administrative Law questions and answers in Virginia