Disciplinary Action for Grossly Inefficient Job Performance

Grossly Inefficient Job Performance is just cause for disciplinary action, up to and including immediate dismissal. Grossly inefficient job performance is unsatisfactory job performance resulting from an employee's failure to satisfactorily perform job requirements as specified in the job description, work plan or as otherwise directed by management. Grossly inefficient job performance results in:

• the creation of the potential for death or serious bodily injury to employee(s), member(s) of the public, or to person(s) over whom the employee has responsibility, or
• the loss of or damage to University property or funds that results in a serious impact on the University and/or the work unit.

For any causes relating to any form of grossly inefficient job performance, an employee may be suspended without pay, demoted, or dismissed without any prior disciplinary action. Alternatively, employees may be issued a written warning on the basis of a single current incident of grossly inefficient job performance.

If management decides to issue a written warning, the written warning must contain the following:

• a statement that this is a written warning, and not some other non-disciplinary process such as counseling;
• a statement of the specific performance deficiency;
• what specific corrections must be made to address the specific issues;
• the time frame for making the required corrections;
• the consequences of failing to make the required corrections (further disciplinary action, up to and including dismissal); and
• the employee's appeal rights.

Because no prior disciplinary action is required before dismissal for grossly inefficient job performance, it is required that the supervisor inform the employee in the written warning that any further grossly inefficient job performance may result in dismissal.

An employee may be suspended without pay for causes relating to grossly inefficient job performance without any active disciplinary actions. Before a disciplinary suspension without pay can be implemented:

• the supervisor must receive higher level management approval for the action;
• management must consider any disciplinary actions taken (or not taken) in similar situations affecting other employees;
• the supervisor must consult with their Employee & Management Relations Specialist in the Office of Human Resources to review the procedural and substantive basis for a recommendation for disciplinary suspension without pay, and request approval to proceed to a pre-disciplinary conference; and
• management must conduct a pre-disciplinary conference (see "Pre-Disciplinary Conference") with the employee and a representative of the Office of Human Resources before implementing a disciplinary suspension without pay.

An employee who has been suspended without pay must be furnished a statement in writing setting forth the specific acts or omissions that are the reasons for the disciplinary suspension without pay and the employee's appeal rights. (For a sample letter, see "Related Subjects" below.)

To comply with provisions of the Fair Labor Standards Act, a disciplinary suspension without pay must be for one full work week. The work week begins on Monday and ends on Sunday, unless other schedules have been approved and communicated to all employees in the department. Earned leave may not be used to offset any disciplinary suspension without pay.

An employee may be demoted for causes relating to grossly inefficient job performance without any active disciplinary actions. Disciplinary demotions may be to either

• a lower classification with or without a loss of pay (the employee's pay must not exceed the maximum rate of the range and must not be reduced below the minimum rate of the range for the position to which s/he is assigned), or
• the same classification with a loss of pay (the employee's pay must not be reduced to less than the minimum rate of the range for the position).

Before a disciplinary demotion can be implemented:

• The supervisor must receive upper-level management approval for the demotion.
• The supervisor also must consult with their Employee & Management Relations Specialist in the Office of Human Resources to review the procedural and substantive basis for a recommendation for demotion and must request approval from their Employee & Management Relations Specialist to proceed to the pre-disciplinary conference.
• After receiving approval, management must conduct a pre-disciplinary conference (see "Pre-Disciplinary Conference") with the employee and a representative of the Office of Human Resources before implementing a demotion.

After the conference, management must furnish the employee a written statement setting forth the specific reason(s) for the demotion and the employee's appeal rights. (For a sample letter, see "Related Subjects" below.)

An employee may be dismissed for disciplinary purposes for causes relating to grossly inefficient job performance without any active disciplinary actions.

Before a disciplinary demotion can be implemented:

• The supervisor must receive upper-level management approval for the dismissal.
• The supervisor also must consult with their Employee & Management Relations Specialist in the Office of Human Resources to review the procedural and substantive basis for a recommendation for the dismissal and must request approval from the their Employee & Management Relations Specialist to proceed to the pre-disciplinary conference.
• After receiving approval, management must conduct a pre-disciplinary conference (see "Pre-Disciplinary Conference") with the employee and a representative of the Office of Human Resources before implementing a dismissal.

If, following the pre-disciplinary conference, management determines that dismissal is appropriate, the employee must be given a letter of dismissal. The earliest a decision may be communicated is the next work day. The latest a decision may be communicated is the end of the second work day following the date of the pre-disciplinary conference. The dismissal letter must specify the reason(s) for the dismissal, listed in numbered paragraphs, and the employee's right of appeal (For a sample letter, see "Related Subjects" below.)

Failure to give the required specific written notice will result in the employee receiving back pay until it has been deemed that proper notice has been received. Time limits for filing a grievance do not start until the employee receives written notice of any applicable appeal rights. When an employee cannot be given the letter of dismissal in person, it must be sent by certified mail, return receipt requested, to the employee's last known residence address.

If you have questions about this policy, contact the Employee & Management Relations Specialist in the Office of Human Resources assigned to work with your department.