Ninth Circuit Orders Due Process Hearings For Layoffs of Permanent Public Employees

On May 13, 2008, the United States Court of Appeals for the Ninth Circuit held in Levine v. City of Alameda, that the United States Constitution requires that permanent public employees are entitled to both pre and post separation hearings if they are to be laid off for lack of work or other reasons.  The pre separation hearing would resemble what is known as a “Skelly” hearing so that they may “tell their side of the story”.  However the post separation hearing requires a full evidentiary proceeding before an independent, impartial third party