(Download) "Welsh v. City of Great Falls" by Supreme Court of Montana ~ Book PDF Kindle ePub Free
eBook details
- Title: Welsh v. City of Great Falls
- Author : Supreme Court of Montana
- Release Date : January 01, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff, Dennis P. Welsh, appeals from a judgment of the Cascade County District Court denying him all relief on his complaint against the City of Great Falls for wrongful termination as a fireman. Welsh alleged that his termination - Page 406 on August 1, 1980, was without cause, had failed to follow the statutory procedure for termination of firemen, and that because he had a property interest in his employment, he had been denied hearing rights guaranteed to him by the Due Process clauses of the United States and Montana Constitutions. Although we hold that the statutory scheme for termination of firemen did not apply to Welsh where bad health is the alleged reason for the termination, we also hold that Welsh did have a property interest in his position as a fireman and therefore that he could not be terminated without the opportunity for a hearing before an impartial tribunal. We do not reach the question of cause for his termination because that can only be resolved after a proper hearing or after Welsh has properly waived an opportunity for another hearing.