Opinion

Delliponti v. DeAngelis

  • 545 Pa. 434
  • 681 A.2d 1261
  • 1996 Pa. LEXIS 1510
Court
Supreme Court of Pennsylvania
Filed
Jul 30, 1996
Status
Published
Author
Zappala
On the bench
Nix, Flaherty, Zappala, Cappy, Castille, Nigro, Newman
Cited by
14 cases
Authority
More cited than 10.1%

reinstating employee's back pay because borough did not establish that employee failed to mitigate her damages

How later courts described this case

  • reinstating employee's back pay because borough did not establish that employee failed to mitigate her damages
  • “An individual employed by a government agency does not enjoy a property right in her employment unless she has an expectation of continued employment. . . . That expectation may be guaranteed by statute, contract, or be quasi- contractual in nature. If the individual has such an expectation, she is entitled to notice and a hearing under Local Agency Law, 2 Pa.C.S. § 553. . . . If, however, the individual does not have an expectation of continued employment, she is an at-will employee who does not have a right to a hearing.” (citations omitted)

Written by the judges who cited it.

The opinion

ZAPPALA, Justice,

dissenting.

I respectfully dissent and would affirm the decision of the Commonwealth Court. Appellant’s status as an at-will employee was not altered by the Borough’s failure to implement a comprehensive personnel system pursuant to the Home Rule Charter. As noted in the Commonwealth Court opinion, the failure of a legislative body to enact implementing legislation does not confer rights on the parties who would be affected by the legislation. See DeAngelis v. Delliponti, 152 Pa. Commw. 518 , 620 A.2d 35 (1993). Accordingly, because Appellant was not made a civil service employee, she did not acquire the right to continued employment and does not have a property interest in her position as Administrative Assistant.

FLAHERTY, J., joins in this dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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