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    Dismissal - Gross Misconduct

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    Samatar Daher
    This letter serves to officially dismiss an employee from their position for gross misconduct. It details that the dismissal is effective immediately and includes 10 days of paid notice. It describes the misconduct that led to the dismissal and violates state law and policies. The employee is not eligible to receive their accumulated annual leave pay or health insurance through COBRA due to the gross misconduct. The employee must return any state property and is ineligible for rehire with the state government. The employee has the right to appeal the dismissal within 14 days.

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    Dismissal - Gross Misconduct

    Uploaded by

    Samatar Daher
    580 views2 pages
    This letter serves to officially dismiss an employee from their position for gross misconduct. It details that the dismissal is effective immediately and includes 10 days of paid notice. It describes the misconduct that led to the dismissal and violates state law and policies. The employee is not eligible to receive their accumulated annual leave pay or health insurance through COBRA due to the gross misconduct. The employee must return any state property and is ineligible for rehire with the state government. The employee has the right to appeal the dismissal within 14 days.

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    This letter serves to officially dismiss an employee from their position for gross misconduct. It details that the dismissal is effective immediately and includes 10 days of paid notice. It describes the misconduct that led to the dismissal and violates state law and policies. The employee is not eligible to receive their accumulated annual leave pay or health insurance through COBRA due to the gross misconduct. The employee must return any state property and is ineligible for rehire with the state government. The employee has the right to appeal the dismissal within 14 days.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    580 views2 pages

    Dismissal - Gross Misconduct

    Uploaded by

    Samatar Daher
    This letter serves to officially dismiss an employee from their position for gross misconduct. It details that the dismissal is effective immediately and includes 10 days of paid notice. It describes the misconduct that led to the dismissal and violates state law and policies. The employee is not eligible to receive their accumulated annual leave pay or health insurance through COBRA due to the gross misconduct. The employee must return any state property and is ineligible for rehire with the state government. The employee has the right to appeal the dismissal within 14 days.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    SAMPLE LETTER DISMISSAL FOR GROSS MISCONDUCT

    Rehire Designation - Ineligible for Rehire State Government*


    Letter from the Agency Appointing Authority
    [HAND DELIVERED or CERTIFIED MAIL - RETURN TO RECEIPT REQUESTED**]
    [DATE]
    [EMPLOYEES NAME ADDRESS]
    Dear [EMPLOYEES NAME]:
    This letter serves as official notice of your dismissal from the [DEPARTMENT OR AGENCY
    NAME] for gross misconduct effective [ACTUAL DATE**]. This includes a ten (10) calendar
    day paid notice.
    My decision to dismiss you is based on the following: [DESCRIBE THE JOB RELATED
    MISCONDUCT AND PROVIDE APPLICABLE SECTION(S) OF TENNESSEE CODE
    ANNOTATED UNDER WHICH THE EMPLOYEE MAY BE CRIMINALLY
    PROSECUTED. ALSO, PROVIDE OTHER APPLICABLE SECTION(S) OF
    TENNESSEE CODE ANNOTATED, RULES OF THE DEPARTMENT OF HUMAN
    RESOURCES, AND/OR ANY INTERNAL AGENCY RULES OR POLICIES THAT
    SERVE AS THE BASIS FOR THE DISCIPLINE].
    [DETAIL THE TIMES, PLACES, AND OTHER PERTINENT FACTS CONCERNING
    THE PERFORMANCE AND/OR CONDUCT ISSUES. INCLUDE APPLICABLE
    TRAINING
    PROVIDED,
    SUPERVISORY
    COUNSELING,
    PERFORMANCE
    EVALUATIONS, OTHER DISCIPLINE RELATED TO THIS ISSUE, ETC.]
    You will be paid for the workdays that fall within the 10 calendar day notice period but will not
    report to work during that time. Please note that as this dismissal is for gross misconduct, your
    accumulated annual leave will be used during the ten (10) calendar day notice. Pursuant to
    Tennessee Code Annotated 8-50-807(d), and Rules of the Department of Human Resources,
    Rule 1120-6-.11(4), you are not eligible to collect your remaining annual leave balance.
    [INCLUDE IF THE EMPLOYEE HAS A COMPENSATORY LEAVE BALANCE
    However, you will receive a lump sum payment for any compensatory leave to your credit.]
    In addition, an employee who is terminated on the basis of gross misconduct is not eligible for
    continued insurance coverage through Cobra.
    IF HAND-DELIVERED, INCLUDE THE FOLLOWING - You are required to return
    your [STATE ISSUED PROPERTY, E.G., KEYS, CELL PHONE, STATE ISSUED
    IDENTIFICATION BADGE/CARD] and any other property belonging to state
    government to [HUMAN RESOURCES OFFICER OR OTHER APPROPRIATE
    SUPERVISOR] before you leave the office today.
    *A rehire designation for a specific agency is at the discretion of the appointing authority. To designate an employee
    as ineligible for rehire with state government, the termination must be for job related misconduct for which the
    employee may be criminally prosecuted. See DOHR Policy 12-065.
    **Written communication to the employee shall be considered received upon actual receipt as indicated by signature
    if hand delivered or three (3) days after a decision is sent via certified mail, return receipt requested to the
    employees residence.

    SAMPLE LETTER
    DISMISSAL - GROSS MISCONDUCT
    Page 2
    IF SENT CERTIFIED MAIL, INCLUDE THE FOLLOWING RETURN RECEIPT
    REQUESTED You are required to return your [STATE ISSUED PROPERTY, E.G.,
    KEYS, CELL PHONE, STATE ISSUED IDENTIFICATION BADGE/CARD] and any
    other property belonging to state government. Please contact [HUMAN RESOURCES
    OFFICER OR OTHER APPROPRIATE SUPERVISOR] to arrange return of any state
    property and to pick up your personal items.
    Due to the seriousness of this situation, you will not be eligible for rehire with the State of
    Tennessee. If you reapply for positions within state government, state agencies will not be
    required to interview you when filling a position.
    As a preferred service employee, you may appeal this decision by filing a written complaint
    within fourteen (14) calendar days to [THE AGENCY APPOINTING AUTHORITY OR
    DESIGNEE]. You may direct questions regarding the appeal procedures to [AGENCY HR
    DIRECTOR OR EMPLOYEE RELATIONS OFFICER AND TELEPHONE NUMBER]
    or the Employee Relations Division of the Department of Human Resources at 615-741-1646.
    You may find additional information regarding the appeal process in the Rules of the Department
    of Human Resources, Chapter 1120-11.
    Sincerely,

    [AGENCY APPOINTING AUTHORITY]


    cc: Commissioner, Department of Human Resources

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