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Transfer triggered due process rights
June 30, 2008 by Ross Runkel at LawMemo
Thompson sued the employer for violation of his First Amendment free speech rights and of his Fifth Amendment due process rights. The trial court granted the employer's motion for judgment on the pleadings. The DC Circuit affirmed in part and reversed in part.
Thompson v. District of Columbia (DC Cir 06/27/2008)
The court held that Thompson's complaints to Lottery Board officials about corruption were made pursuant to his official job duties and thus the employer did not violate his First Amendment rights by sanctioning him for his speech.
The court held that when an employer attempted to get rid of an employee by transferring him from a career service position to a job scheduled for imminent elimination pursuant to an otherwise legitimate reduction-in-force (RIF), the employee was constructively removed from the service at the time of the transfer.
The court explained that an employee's right to due process was triggered at the time of the pretextual action, in this case, at the time of the transfer to the doomed position.
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