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DISCIPLINE AND DISMISSAL

DISCIPLINE AND DISMISSAL. Drake Maynard DDAA Memphis TN 2013. AT WILL & PROPERTY INTEREST. At will – no process Property Interest – due process. 2. WHAT PROCESS IS DUE?. Basic due process: Sufficient NOTICE OPPORTUNITY TO RESPOND IMPARTIAL DECISION-MAKER. 3.

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DISCIPLINE AND DISMISSAL

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  1. DISCIPLINE AND DISMISSAL Drake Maynard DDAA Memphis TN 2013

  2. AT WILL & PROPERTY INTEREST • At will – no process • Property Interest – due process 2

  3. WHAT PROCESS IS DUE? Basic due process: • Sufficient NOTICE • OPPORTUNITY TO RESPOND • IMPARTIAL DECISION-MAKER 3

  4. PRE-DISCIPLINARY CONFERENCE • Sufficient advance notice – may be written or oral • How much detail and specificity? • OPPORTUNITY to respond – employee may choose not to respond • Consideration of information presented 4

  5. PRE-DISCIPLINARY CONFERENCE • Formality may depend on whether there is a pre-termination due process hearing or a post-termination due process hearing. 5

  6. Pre-Disciplinary Conference IF there is a post-termination due process hearing: • Not a hearing • Not entitled to be represented by an attorney • No testimony • No examination • This is the EMPLOYEE’S opportunity – management’s responsibility is to listen 6

  7. BASES FOR DISCIPLINE/DISCHARGE • Unsatisfactory Job Performance • Unacceptable Personal Conduct 7

  8. WHAT’S THE DIFFERENCE? Job Performance: • Accuracy • Timeliness • Quality • Quantity • Attendance Specific standards, opportunity to correct 8

  9. PERSONAL CONDUCT • Intent • Criminal • Non-criminal Practical Tip: Avoid lists of prohibited behaviors. 9

  10. ON DUTY PERSONAL CONDUCT On duty • Sufficient proof? • Is the government better off without this employee? • Discipline appropriate to the action 10

  11. OFF DUTY PERSONAL CONDUCT Off duty • Link/nexus between conduct and employee’s duties • Level of the employee in the organization • Bad public reaction to the employee’s conduct END

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