This Veterans Day, we’re not just saying thank you, we’re making sure Iowa’s veterans know their rights. If you’re a veteran working in a public job in Iowa, you’ve earned more than just hiring preference. Under Iowa Code Chapter 35C, you’re legally entitled to due process before being terminated.
What the Law Requires Before Termination
If you’re covered by the Veterans Preference Act, your employer must follow a five-step process before removing you from your position:
- Investigate your conduct or performance to determine if it meets the legal standard of “incompetency” or “misconduct.” Poor performance alone isn’t enough—it must rise to a level that justifies removal.
- Provide written notice with specific charges. This notice must include:
- A detailed list of allegations
- A scheduled hearing date
- Instructions for attending the hearing
- Identify the correct appointing authority to conduct the hearing. This could be a board, elected official, or commission depending on who hired you.
- Hold a formal hearing where the employer must prove misconduct or incompetency by a preponderance of the evidence. Using a court reporter is recommended to preserve the record.
- Issue a written decision. This triggers your right to appeal.
What Counts as “Misconduct” or “Incompetency”?
- Incompetency: Habitual failure to perform duties with the skill or accuracy expected of others in the same role.
- Misconduct: Not clearly defined in statute, but Iowa courts have upheld it in cases like a police officer making an arrest while intoxicated.
Who’s Not Covered?
While Iowa’s Veterans Preference law offers strong protections, there are important exceptions to keep in mind.
- Certain roles are excluded: The law does not apply to positions like private secretaries, deputies, or individuals in a confidential working relationship.
- Waiver by contract: In an unpublished Iowa Court of Appeals decision, the court found that a veteran can waive their preference rights by signing a written agreement
for at-will employment.
- No hearing required for job cuts: If a position is eliminated or downsized, the law does not require a hearing before termination.
These carve-outs highlight the importance of understanding the fine print—especially when signing
employment contracts or accepting specialized roles.
What If Your Rights Are Violated?
You may be able to:
- File a Writ of Certiorari in district court
- Pursue a §1983 claim for violation of constitutional due process
- Seek damages and attorney fees
This Veterans Day, make sure your rights are more than symbolic. If you’re facing termination, don’t go quietly—go informed. For more details, check out Iowa Code Chapter 35C and consult with one of our attorneys if you think your rights have been violated.