Guide · Labor and Employment
Public Employment and Civil Service: A Comprehensive Guide to Property Interests, Due Process, Speech Rights, and Appeals
5 U.S.C. § 7513
- Type
- Guide
- Jurisdiction
- National
- Date
- 2026-04-19
- Topic
- Labor and Employment
This guide covers the law governing government employees for employee-side counsel, agency counsel, union representatives, and human resources professionals. Part 1 explains why the constitutional overlay exists and how it interacts with civil service statutes and collective bargaining, and Part 2 develops the property interest analysis and the categories of appointment that determine it. Part 3 sets out the due process required before and after an adverse action, and Part 4 works through the speech framework from Garcetti and Pickering to Heffernan and Mt. Healthy causation. Part 5 covers patronage and political activity restrictions, Part 6 union rights after Janus, and Part 7 the federal merit system, the Merit Systems Protection Board, and whistleblower channels. Part 8 addresses privacy, searches, and testing. Parts 9 through 14 cover overlapping statutes, remedies and immunities, the forum election that decides more cases than any doctrine, agency practice guidance, a worked example, and the questions that recur.
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