25 NCAC 01J .0604. JUST CAUSE FOR DISCIPLINARY ACTION

(a)  Any employee, regardless of occupation, position or profession may be warned, demoted, suspended or dismissed by the appointing authority.  Such actions may be taken against career employees as defined by the State Human Resources Act, only for just cause.  The provisions of this section apply only to employees who have attained career status. The degree and type of action taken shall be based upon the sound and considered judgment of the appointing authority in accordance with the provisions of this Rule.  When just cause exists the only disciplinary actions provided for under this Section are:

(1)           Written warning;

(2)           Disciplinary suspension without pay;

(3)           Demotion; and

(4)           Dismissal.

(b)  There are two bases for the discipline or dismissal of employees under the statutory standard for "just cause" as set out in G.S. 126-35.  These two bases are:

(1)           Discipline or dismissal imposed on the basis of unsatisfactory job performance, including grossly inefficient job performance.

(2)           Discipline or dismissal imposed on the basis of unacceptable personal conduct.

(c)  Either unsatisfactory or grossly inefficient job performance or unacceptable personal conduct as defined in 25 NCAC 1J. 0614 of this Section constitute just cause for discipline or dismissal.  The categories are not mutually exclusive, as certain actions by employees may fall into both categories, depending upon the facts of each case.  No disciplinary action shall be invalid solely because the disciplinary action is labeled incorrectly.

(d)  The imposition of any disciplinary action shall comply with the procedural requirements of this Section.

 

History Note:        Authority G.S. 126-1A; 126-35;

Eff. February 1, 1976;

Amended Eff. October 1, 1995; March 1, 1994; August 2, 1993; October 1, 1984.