Loudermil Rule

Loudermil Rule

This is your right to respond in person or in writing prior to disciplinary action. Before an employer takes away the “property right” of an employee to an employee’s job or to a full paycheck by way of a suspension or a termination, the employer must:

1. Give the employee a pre-disciplinary or pre-termination hearing;
2. Provide the employee with specific notification of the charge against the employee;
3. Allow the employee on an informal basis to respond to the charges against the employee;
4. The employer may prohibit the employee from calling witnesses, but the employee may indicate what witnesses would say;
5. The employer must give you enough information about the allegation, the investigation and findings, and the recommended discipline so that you can be prepared to respond.

It is highly advisable to ask for a Job Representative immediately upon receiving notice of any letter that hints at the potential for disciplinary action or requires you to respond within a given time frame. Take it seriously or you may inadvertently waiving certain time-sensitive rights that you may be entitled to.