Lubey v. City and County of San Francisco
In Lubey v. City and County of San Francisco (1979) 98 Cal. App. 3d 340, two probationary police officers were charged with misconduct and given no notice or opportunity to be heard. The court noted that ordinarily probationers can be dismissed without a hearing, since they have no property right in continued employment. ( Lubey v. City and County of San Francisco, supra, 98 Cal. App. 3d at p. 345.) However, the court concluded that in certain situations a hearing may be required:
"There is an important exception to this rule, which is founded upon the Fourteenth Amendment. It arises where there is a deprival of the 'liberty' guaranteed all persons by that amendment's due process clause. The exception will be applied where the probationary employee's job termination, or dismissal, is based on charges of misconduct which 'stigmatize' his reputation, or 'seriously impair' his opportunity to earn a living , or which 'might seriously damage his standing or associations in his community' .
"Where there is such a deprival of a 'liberty interest' the employee's 'remedy mandated by the Due Process Clause of the Fourteenth Amendment is "an opportunity to refute the charge" and "to clear his name."' He must be afforded '"'notice and opportunity for hearing appropriate to the nature of the case" before the termination becomes effective.'"' " ( Lubey v. City and County of San Francisco, supra, 98 Cal. App. 3d at p. 346.)