Public employees hold a property interest in their jobs, are entitled to due process rights in federal regulations as well as the Constitution, and may only be removed from service “for such cause as will promote the efficiency of the service,” according to an article in a recent Merit Systems Protection Board publication.
If an individual meets the statutory definition of an employee and has completed his probationary period, constitutional due process requires that he be given a “notice of proposed removal” laying out the rationale and giving the employee a chance to respond to a deciding official.
Following removal, additional due process is required — giving the employee the chance to challenge the action before a neutral decision maker, usually the MSPB.
The board requires the agency to submit evidence in support of the removal, holds evidentiary hearings, and then issues decisions addressing the reasons for the removal.
