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?
1 Answer from Attorneys
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.