Department of Revenue, Finance, & Administration Cabinet v. Wade

Opinion of the Court by

Justice SCOTT.

This case requires us to determine whether a state employee, after receiving notice of her employer’s intent to dismiss her, waives her right to a pre-termination hearing by repeatedly engaging in conduct that delays the hearing. The Kentucky Personnel Board concluded that Appellee, Wanda Faye Wade, did not waive her right to a pre-termination hearing, and that her dismissal therefore violated her right to due process. The Franklin Circuit Court and Kentucky Court of Appeals agreed with this conclusion and affirmed. We granted discretionary review and now…