A state engaged a private company to run its lottery, but the state maintained close regulation of the manufacture and distribution of lottery equipment by the private company in order to prevent frauds. One lottery regulation required the company to submit to the state all applications of persons being considered for employment. The state ran background checks on the prospective employees to ensure that they did not have a criminal record. A prospective employee that did not pass the state background check could not be hired by the company. An employee of the company who had a poor work record and called in sick often was spotted by her supervisor dancing at a bar one evening after she had called in sick during the day. The supervisor immediately told the employee that she should consider herself terminated, although the employee tried to explain that she in fact had been sick that morning but began feeling well by mid-afternoon.
A state law provided that employees of the state could not be fired from their positions except for cause. The woman sued in federal court, claiming that she was constitutionally entitled to a hearing to determine whether her supervisor had cause to fire her.
If the court rules correctly, will it find the employee's termination to be constitutional?
A) Yes, because no hearing was required since the supervisor witnessed the employee's misconduct.
B) Yes, because the employer is free to fire employees at will.
C) No, because it violates the employee's right to procedural due process.
D) No, because of the state's regulation of the hiring process.