When does an employee have a property interest in public employment?

An employee has a property interest in public employment when there is an employment contract or understanding regarding termination. This principle is grounded in the Due Process Clause of the Fourteenth Amendment, which protects individuals from being deprived of property without due process of law. Public employees may be entitled to due process protections if their employment is not at-will and there is a legitimate expectation of continued employment based on a contract or policy.

When an employment contract specifies terms of employment along with the circumstances under which an employee can be terminated, it establishes a property interest that necessitates certain procedural protections before termination can occur. In the absence of such a contract or understanding, employers generally have the discretion to terminate at-will employees without cause, which would not invoke the same due process protections.

In contrast, factors such as tenure with the employer, union membership, or receipt of a promotion alone do not inherently create a property interest. These factors may contribute to the overall context of employment but do not establish an unequivocal right to continued employment or a formal expectation of security in the position. Thus, the presence of a contract or defined understanding is critical in determining whether a property interest exists in public employment.