25 NCAC 01I .2304. DISMISSAL FOR PERSONAL CONDUCT

(a)  Employees may be dismissed for a current incident of unacceptable personal conduct.

(b)  Unacceptable personal conduct is:

(1)           conduct for which no reasonable person should expect to receive prior warning; or

(2)           job related conduct which constitutes violation of state or federal law; or

(3)           conviction of a felony or an offense involving moral turpitude that is detrimental to or impacts the employee's service to the agency; or

(4)           the willful violation of known or written work rules; or

(5)           conduct unbecoming an employee that is detrimental to the agency's service; or

(6)           the abuse of client(s), patient(s), student(s) or a person(s) over whom the employee has charge or to whom the employee has a responsibility, or of an animal owned or in the custody of the agency; or

(7)           falsification of an employment application or other employment documentation; or

(8)           insubordination which is the willful failure or refusal to carry out a reasonable order from an authorized supervisor.  Insubordination is considered unacceptable personal conduct for which any level of discipline, including dismissal, may be imposed without prior warning; or

(9)           absence from work after all authorized leave credits and benefits have been exhausted.

(b)  Prior to dismissal of an employee with permanent status on the basis of unacceptable personal conduct, there shall be a pre-dismissal conference between the employee and the agency director or designated management representative.  This conference shall be held in accordance with the provisions of 25 NCAC 01I .2308.

(d)  Dismissals for unacceptable job performance require written notification to the employee.  Such notification must include specific reasons for the dismissal and notice of the employee's right of appeal.

(e)  Failure to give specific written reasons for the dismissal, failure to give written notice of applicable appeal rights, or failure to conduct a pre-dismissal 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.

 

History Note:        Authority G.S. 126-4; 126-34;

Eff. August 3, 1992;

Amended Eff. April 1, 2001; December 1, 1995.