McClain v. Northwest Comm. Corr. Ctr.U.S. District Court TERMINATION DUE PROCESS PROBATION McClain v. Northwest Comm See comms. . Corr. Ctr., 268 F.Supp.2d 941 (N.D.Ohio 2003). A probationary employee of a community corrections center brought a wrongful termination wrongful termination n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages). action. The district court held that the employee was entitled en·ti·tle tr.v. en·ti·tled, en·ti·tling, en·ti·tles 1. To give a name or title to. 2. To furnish with a right or claim to something: to minimal due process of notice and an opportunity to be heard, before termination of her employment. The court noted that the employee could be terminated without cause because she was an at-will employee who was still in her probationary period. The employee had attended a meeting which critiqued her work but she was not told prior to the meeting that her conduct was at issue, or that it could lead to her termination. She was later given an ultimatum ultimatum (ŭl'tĭmā`təm), in international law, final, definitive terms submitted by one disputant nation to the other for immediate acceptance or rejection. to either quit or be fired but was not told why the ultimatum was being issued. (Northwest Community Corrections Center, Ohio) |
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