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The term stems from Loudermill v.Cleveland Board of Education, in which the United States Supreme Court held that non-probationary civil servants had a property right to continued employment and such employment could not be denied to employees unless they were given an opportunity to hear and respond to the charges against them prior to being deprived of continued employment.
The Loudermill letter fulfills the requirement of (written) notice, and should include an explanation of the employer's evidence ("to act as a check for mistaken accusations"). To fulfill the remaining Due Process requirements, a Loudermill letter will also have to inform the employee of his opportunity for a Loudermill hearing .
In Part V, the court found that a 9-month delay in Loudermill's post-termination hearing did not constitute a separate due process violation. The Due Process Clause requires provision of a hearing "at a meaningful time," and here the delay stemmed in part from the thoroughness of the procedures.
Cleveland Bd. of Educ. v. Loudermill, the decision by the United States Supreme Court establishing the scope of the employee's right to a hearing; Loudermill letter, the first step in providing notice of termination; Loudermill hearing, the required pretermination hearing that must be disclosed in the Loudermill letter.
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Thus, the pre-termination hearing functions as "an initial check against mistaken decision -- essentially a determination of whether there are reasonable grounds to believe that the charges against the employee are true and support the proposed action."[3] If a pretermination hearing is "oral or written notice of the charges against [the ...
This prevents the non-test ear from detecting the test signal presented to the test ear. The threshold of the test ear is measured at the same time as presenting the masking noise to the non-test ear. Thus, thresholds obtained when masking has been applied, provide an accurate representation of the true hearing threshold level of the test ear. [13]