Missouri
How Board of Regents v. Roth applies in Missouri: state-specific rules, key cases, and bar exam notes for Other.
Missouri follows a similar approach to the principles established in Board of Regents v. Roth, focusing on due process rights of public employees. Specifically, Missouri law recognizes that non-tenured employees have limited rights in employment termination but are entitled to some procedural protections.
In Missouri, non-tenured public employees are not entitled to tenure protections but must receive notice and an opportunity to be heard in employment disputes.
The Missouri Court of Appeals held that a non-tenured employee is not entitled to a pre-termination hearing unless statutory or contractual provisions suggest otherwise.
In this case, the court found that even non-tenured teachers may have procedural due process rights depending on the circumstances of their employment.
The court ruled that the University must provide a fair hearing to faculty members when their employment is terminated, even if they lack tenure.
Missouri's approach aligns closely with the federal standard for procedural due process established in Roth. However, Missouri places additional emphasis on state-specific statutory provisions that may grant further rights to non-tenured employees, particularly in the context of education.
Knowledge of the principles from Roth and their application under Missouri law is often tested on the Missouri bar exam, particularly regarding employment law and public sector employment issues.