Timothy D’Angelo has again appeared in court to appeal the dismissal with prejudice of his previous action for wrongful termination of employment.
The Plaintiff has filed suit against Donald C. Winter, Secretary of the Navy based upon his claim that the Navy Exchange had violated his Fifth Amendment rights by suspending and terminating his employment without due process. A district court dismissed the suit because the Plaintiff, an “excepted service” employee had no constitutionally protected property right to continued employment under the Civil Service Reform Act. However the suit was appealed because the district court had a property right in continued employment created by another source.
At argument, Mr. Winter conceded that the policies of the Navy created a property right for the Plaintiff; therefore the dismissal cannot be affirmed on that basis. The Circuit Court reversed and remanded the case.
Mr. D’Angelo is just one of many people across the country who is taking on former employees for wrongful termination, discrimination and loss of income suits because they have been terminated without just cause. The issue of discrimination and wrongful termination is a serious one which can affect many different aspects of a person’s life. There are settlements, lawsuits and appeals going on every day within the court systems. True instances of discrimination and wrongful termination are rampant and it is shameful that in this day and age we still have to tackle these distasteful subjects.