25 N.C. Admin. Code 1J.0605

Current through Register Vol. 39, No. 9, November 1, 2024

Section 01J .0605 - DISMISSAL FOR UNSATISFACTORY PERFORMANCE OF DUTIES

(a) The intent of this Section is to assist and promote improved employee performance, rather than to punish. This Rule covers all types of performance-related inadequacies. This Section does not require that successive disciplinary actions all concern the same type of unsatisfactory performance. Disciplinary actions related to personal conduct may be included in the successive system for performance-related dismissal provided that the employee receives at least the number of disciplinary actions, regardless of the basis of the disciplinary actions, required for dismissal on the basis of inadequate performance. Disciplinary actions administered under this Section are intended to bring about a permanent improvement in job performance. Should the required improvement later deteriorate, or other inadequacies occur, the supervisor may deal with this new unsatisfactory performance with further disciplinary action.

(b) In order to be dismissed for a current incident of unsatisfactory job performance an employee must first receive at least two prior disciplinary actions: First, one or more written warnings followed by a warning or other disciplinary action which notifies the employee that failure to make the required performance improvements may result in dismissal.

(c) Prior to the decision to dismiss an employee, a management representative must conduct a pre-dismissal conference with the employee in accordance with the procedural requirements of this Section.

(d) An employee who is dismissed must receive written notice of the specific reasons for the dismissal, as well as notice of any applicable appeal rights.

(e) Failure to give specific written reasons for the dismissal, failure to give written notice of applicable appeal rights, or failure to conduct a predismissal conference constitute procedural violations with remedies as provided for in 25 NCAC 01B .0432. Time limits for filing a grievance do not start until the employee receives written notice of any applicable appeal rights.

25 N.C. Admin. Code 01J .0605

Authority G.S. 126-4; 126-35;
Eff. February 1, 1976;
Amended Eff. October 1, 1995; July 1, 1989; January 1, 1989; December 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016.

Authority G.S. 126-4; 126-35;
Eff. February 1, 1976;
Amended Eff. October 1, 1995; July 1, 1989; January 1, 1989; December 1, 1984.