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To: Right Wing Professor
Those are political appointments. They have different employment conditions than regular government employees. Q: Does the employment-at-will doctrine apply to all employees? A: No. There are three broad categories of employees who are not governed by employment-at-will: * Government employees: Federal, state and local government workers are protected by the Fifth and Fourteenth Amendments, which prohibit the government from depriving any person of "life, liberty or property" without due process of law. These employees are considered to have a property interest in their jobs, and the right to due process places significant restrictions on arbitrary dismissals unrelated to job performance. Some additional protection is provided by federal, state and local civil service laws. A word of advice; it's a mistake to personally attack someone for ignorance, unless your own credentials are impeccable. I doubt you have a law degree, and it's not clear you're any better informed than those you're attacking.

You've yet to show me the ACLU's distinction for 5th amendment purposes between a political appointed who WORKS FOR THE GOVERNMENT and the theoretical government employee they reference (and fail to cite any case law to support). Show me how smart you are. :)

21 posted on 09/06/2002 1:27:31 PM PDT by VA Advogado
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To: VA Advogado
You've yet to show me the ACLU's distinction for 5th amendment purposes between a political appointed who WORKS FOR THE GOVERNMENT and the theoretical government employee they reference (and fail to cite any case law to support).

(from the Office of Personnel Management web site.)

Employees in the excepted service who are subject to change at the discretion of a new Administration are commonly referred to as "Schedule C" employees. Schedule C positions are excepted from the competitive service because they have policy-determining responsibilities or require the incumbent to serve in a confidential relationship to a key official.

Agencies may separate Schedule C appointees at any time if the confidential or policy-determining relationship between the incumbent and his/her superior ends. Schedule C appointees are not covered by statutory removal procedures and generally have no rights to appeal removal actions to the Merit Systems Protection Board. This is true, regardless of veterans preference or length of service in the position. Agencies should consult their General Counsel or OPM's General Counsel on Schedule C separations.

(and elsewhere on that site)

Officers and employees who serve "at the pleasure of" the President or other appointing official may be asked to resign or may be dismissed at any time. They are not covered by standard civil service removal procedures and have no right of appeal.

You haven't cited case law once to back up any of your (as far as I can tell) entirely erroneous theories about state government employment. It takes real chutzpah to criticize others for the same failure.

Show me how smart you are.

You appear to be ignorant, foolishly prone to state as categorical facts things that can be easily disproven, and personally abusive. Now explain to me why I should care in the least whether you think I'm smart or not.

24 posted on 09/06/2002 1:54:30 PM PDT by Right Wing Professor
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