Tennessee Code Annotated

Title 8: Public Officers and Employees

Chapter 30: State Service

Part 3: Civil Service Appointments and Tenure

TCA 8-30-326: Dismissal.

(a) An appointing authority may dismiss any employee in the authority's division when the authority considers that the good of the service will be served thereby. No dismissal of a regular employee shall take effect unless, at least ten (10) days before the effective date thereof, the appointing authority gives notice to such employee and files a written statement with the commissioner. The employee shall have an opportunity to file with the appointing authority a written statement regarding the proposed dismissal, a copy of which shall be filed with the commissioner. A regular employee who is disciplined shall have the right to file a grievance as provided in § 8-30-328 or, if such employee believes that a disciplinary action or layoff is because of race, creed, national origin, religion, sex, age, or mental or physical disability, such employee may file a complaint pursuant to title 4, chapter 21 or a grievance pursuant to § 8-30-328. If the commissioner determines that the statement of reasons for a dismissal given by the appointing authority shows that such dismissal does not reflect discredit on the employee dismissed, the name of such employee shall, if the employee so requests, be placed on the appropriate reemployment list or lists.

(b) Whenever an employee is dismissed "for the good of the service," the notice of termination must outline in detail how the service will be benefited by such termination.

(c) Any employee who is absent from duty for more than three (3) consecutive work days without giving notice to the appointing authority or appropriate manager to include the reason for such absence, and without securing permission to be on leave, or who fails to report for duty or to the immediate supervisor, or the appointing authority within two (2) work days after the expiration of any authorized leave of absence, is considered as having resigned not in good standing, absent existing circumstances causing the employee's absence or preventing the employee's return. A regular employee who is designated resigned in accordance with these circumstances shall have the right to appeal such action through the grievance procedure and to be reviewed by the commission.

History: Acts 1939, ch. 221, § 33; C. Supp. 1950, § 1034.55 (Williams, § 423.24gg); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3226; Acts 1986, ch. 869, § 11; 1987, ch. 101, § 1; 2011, ch. 47, § 5.