Managers: Laws and Rules
Demotion, Dismissal or Suspension Without Pay
Prior to disciplinary action of demotion, dismissal or suspension without pay of a regular employee, an appointing authority shall do the following:
- Give the employee written notice of the intended action and an explanation of the reasons for the action.
- Give the employee an opportunity to respond to the notice. The employee may be directed to respond in writing.
- Review all the material that relates to the situation, including the material provided by the employee.
- Decide the issue based upon whether there are reasonable grounds to believe the charges are true and support the action.
- Provide written notice of the decision to the employee, and describe in the notice any rights, including the right to appeal to Human Resource Management Services, if applicable.
Recommendations
Appointing authorities are advised to consult with their assigned assistant attorney general before beginning the actions.
References
Cleveland Board of Education vs. Loudermill
NDAC 4-07-19
NDAC
4-07-20.1
