SECTION .2300 ‑ DISCIPLINARY ACTION: SUSPENSION, DISMISSAL AND APPEALS

25 NCAC 01I .2301           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 employees with career status as defined in G.S. 126-1.1 only for just cause.  The degree and type of action taken shall be based upon the 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)  At any time during the period prior to achieving career status, including during the probationary period, an employee may be separated from service for causes related to performance of duties or for personal conduct detrimental to the agency without right of appeal or hearing.  The employee must be given notice of dismissal, including reasons.  Such notice may be, but is not required to be, in writing.

(c)  There are two bases for the discipline or dismissal of employees under the statutory standard of "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.

(d)  Either unsatisfactory or grossly inefficient job performance or unacceptable personal conduct, as defined in 25 NCAC 01I .2302(a); .2303(a); and .2304(b), constitutes 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.

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

History Note:        Authority G.S. 126-4; 126‑35;

Eff. August 3, 1992;

Amended Eff. June 1, 2008; December 1, 1995; August 2, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 20, 2016.