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Should property interest only be established after tenure or should the termination without just cause be sufficient for property even during probationary periods?
Property InterestWhen in employment of a public sector organization, losing your job is potentially a property interest - right? Well, not necessarily. If you are in a "probationary period" then there is no "continuing expectation of employment." Therefore there is no property interest at stake. As your book points out, probationary periods range from six months to a few years, depending on the organization. Until the probationary period ends and the employee is granted "tenure," there is no expectation of continued employment. However, if an employee does hold tenure then there is a property interest at stake and the employee is entitled to have due process before termination. Recall that due process can mean a simple notice and hearing, but at the very least some just cause should be presented before termination. This doesn't mean people with tenure can't be fired, it just means they have some more rights to be enacted before termination.
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