25 NCAC 01J .1316. REMEDIES FOR PROCEDURAL VIOLATIONS

(a)  Failure to give written notice of applicable appeal rights in connection with a dismissal, demotion or suspension without pay shall be deemed a procedural violation.  The sole remedy for this violation shall be an extension of the time in which to file an appeal.  The extension shall be from the date of the procedural violation to no more than 30 calendar days from the date the employee is given written notice of applicable appeal rights.

(b)  Failure to give specific reasons for dismissal, demotion or suspension without pay shall be deemed a procedural violation. Back pay, attorney's fees, or both may be awarded for such a violation.  Back pay or attorney's fees, or both may be awarded for such a period of time as is appropriate under the law, considering all the circumstances.

(c)  Failure to conduct a pre-dismissal conference shall be deemed a procedural violation.  Further, the remedy for this violation shall require that the employee be granted back pay from the date of the dismissal until a date determined appropriate in light of the purpose of pre-dismissal conferences, which is to provide notice to the employee and an opportunity to be heard.  Reinstatement shall not be a remedy for lack of a pre-dismissal conference.

 

History Note:        Authority G.S. 126-4(9); 126-34.02; 126-35;

Temporary Adoption Eff. May 23, 2014.