Corrective actions may include the following, but are not
limited to:
(1) Oral Warning.
(a) The supervisor shall meet with the
employee to:
1. Review with the employee the
expected performance and/or conduct;
2. Explain to the employee why the employee's
performance and/or conduct does not meet expectations;
3. Provide the employee an opportunity to
explain his or her performance and/or conduct;
4. Make suggestions for employee action to
correct the performance and/or conduct;
5. Inform the employee that the discussion
shall be documented in writing covering the significant points of the
discussion; and
6. Provide the
employee with written follow-up documenting the date of the discussion and
other necessary information regarding expectations for improvement.
(b) Written follow-up to an oral
warning should not be construed as a written warning as described in paragraph
(2) of this rule and shall not be maintained as part of the employee's official
human resources file.
(2) Written Warning.
(a) The supervisor shall meet with the
employee and shall:
1. Review with the
employee the expected performance and/or conduct;
2. Explain to the employee why the employee's
performance and/or conduct does not meet expectations;
3. Provide the employee an opportunity to
explain his or her performance and/or conduct;
4. Make suggestions for employee action to
correct the performance and/or conduct;
5. Explain to the employee that future
performance and/or conduct issues may lead to further disciplinary action;
and
6. Inform the employee that the
discussion shall be documented in writing covering the significant points of
the discussion.
A copy of the written warning shall be placed in the employee's
human resources file. After a period of two (2) years, an employee may submit a
written request to expunge the written warning from the employee's file. Such
request shall be granted, provided that the employee has had no further
disciplinary actions with respect to the performance, conduct, and/or
discipline during the two (2) year period. The request shall not be considered
a part of the employee's human resources file.
(b) Request for Review of a Written Warning.
A Preferred Service Employee who wishes to contest a written warning may
request a review of the warning. The employee shall submit a written request
for review to the Appointing Authority no later than fourteen (14) calendar
days from receipt of the written warning. The request for review should include
documentation of any mitigating circumstances causing the employee to believe
that the warning is undeserved. The Appointing Authority shall provide a
written decision to the employee within fifteen (15) calendar days of receipt
of request for review. The Appointing Authority's written decision is final and
not subject to appeal. If the Appointing Authority fails to provide a written
decision within the prescribed time, the written warning shall be removed from
the employee's file.
(c) Written
Warnings Void After Two Years With Exceptions. Pursuant to T.C.A. §
8-30-319(c), any
written warning or written follow-up to an oral warning issued to an employee
is void and of no effect after a period of two (2) years if the employee has
not been the subject of further disciplinary action with respect to the same
area of performance, conduct, or discipline within the two (2) year
period.
(d) Written Warning as a
Result of Participation in the Appeals Process. Any written warning that is
issued as the result of a modification of a dismissal, involuntary demotion, or
suspension during Step I, or II, as provided in T.C.A. §
8-30-318, shall not be eligible for
administrative review and is final.
(3) Suspension Without Pay.
(a) An Appointing Authority may suspend an
employee without pay, for disciplinary purposes, for such length of time as the
authority considers appropriate, not to exceed thirty (30) days in any twelve
(12) month period. With the approval of the Commissioner, an employee may be
suspended for a longer period pending the appeal or the processing of an appeal
in accordance with this chapter.
(b) Any employee who is suspended shall
receive a written notice from the Appointing Authority that contains the
following:
1. An account of the circumstances
which led to the suspension, including the basis of the disciplinary
action;
2. The beginning and ending
dates of the suspension; and
3.
Information to the employee concerning the appeal process as outlined in these
rules.
(c) A copy of the
notice shall be placed in the employee's human resources file.
(d) The ability to appeal for suspension of
one (1) or two (2) days is limited to the Appointing Authority under Step I and
the Commissioner under Step II of the appeal process. An employee cannot appeal
a one (1) or two (2) day suspension to the Board of Appeals.
(4) Dismissal.
(a) An Appointing Authority may dismiss any
employee for performance and/or conduct.
(b) The Appointing Authority shall submit
written notice to the employee and copy the Department at the time an employee
is dismissed. The notice shall specify the circumstances leading to the
dismissal, including the basis of the disciplinary action, and inform the
employee of the appeal process, if applicable. The notice shall become part of
the employee's human resources file.
The date of this written notification, if hand-delivered, shall
serve as the beginning date for the appeal period. If the written notification
is sent via certified mail, the beginning date for the appeal period shall be
three (3) calendar days following the date the written notification was sent,
or in the alternative, the date the employee signed for it. An employee shall
continue to receive compensation for ten (10) calendar days following the date
of notification but is not required to report to work during this period. The
employee's accumulated annual leave balance may be used during this period only
if the dismissal was for gross misconduct.
(c) When the dismissal is for gross
misconduct, the written notice shall describe the job-related misconduct and
provide applicable section(s) of Tennessee Code Annotated or other relevant law
under which the employee may be criminally prosecuted. The notice shall also
include information regarding the employee's ineligibility for COBRA as well as
any additional restrictions of benefits.
(5) Involuntary Demotion.
(a) If the Appointing Authority determines
that an employee's ability to satisfactorily perform the required duties of the
position is beyond the capabilities of the employee or the employee has been
compromised by conduct that renders the employee ineffective, the Appointing
Authority may involuntarily demote the employee to another position.
(b) The Appointing Authority shall submit
written notice to the employee and copy the Department at the time a Preferred
Service Employee is involuntarily demoted. The notice shall specify the
circumstances leading to the involuntary demotion, including the basis of the
disciplinary action, and inform the employee of the appeal process, if
applicable. The notice shall become part of the employee's human resources
file.
The date of this written notification, if hand-delivered, shall
serve as the beginning date for the appeal period. If the written notification
is sent via certified mail, the beginning date for the appeal period shall be
three (3) calendar days following the date the written notification was sent,
or in the alternative, the date the employee signed for it.
Notes
Tenn. Comp. R. & Regs. 1120-10-.04
(For
history prior to January 2, 1988, see pages 1-2 of the Introduction at the
beginning of the chapters.) Repeal and new rule filed November 18, 1987;
effective January 2, 1988. Repeal and new rule filed December 14, 2010;
effective May 31, 2011. Repeal and new rule filed July 3, 2012; effective
October 3, 2012. Amendments filed February 7, 2017; effective May 8, 2017.
Amendments filed May 17, 2019; effective August 15, 2019. Amendments filed
January 18, 2023; effective 4/18/2023.
Authority: T.C.A. §§
8-30-104,
8-30-105,
8-30-313, 8-30-315, 8-30-316,
8-30-318, and 8-30-319.
