Bar Review Question of the Day By Pieper Bar Review
May 16 2022
A state had a policy of hiring new state employees on a provisional basis for a six-month period. A new employee would be granted civil service status if the job performance was satisfactory and a permanent position became available. The state did not follow a consistent pattern with respect to termination of provisional employees; indeed, some were summarily terminated, while others were given hearings upon notice, during which their job performance as provisional employees was discussed. A provisional employee who was terminated without a hearing challenged the constitutionality of the state’s action. Should the court rule in favor of the employee?
(A) Yes, because the state’s action amounts to a bill of attainder.
(B) Yes, because the inconsistent nature of the state’s discharge procedure denies her equal protection of the law.
(C) No, because the employee does not have a right to notice and a hearing protected by the Due Process Clause of the Fourteenth Amendment.
(D) No, because a state’s procedure with respect to state employees is a matter reserved to the state under the Tenth Amendment.
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