Demotion or Dismissal Clause Samples
The Demotion or Dismissal clause outlines the conditions and procedures under which an employee may be demoted to a lower position or dismissed from employment. Typically, this clause specifies the types of conduct or performance issues that could lead to such actions, and may detail the steps the employer must follow, such as providing warnings or conducting investigations. Its core practical function is to establish clear guidelines for both employer and employee regarding the consequences of certain behaviors or performance failures, thereby reducing ambiguity and helping to manage workplace discipline fairly.
Demotion or Dismissal. Demotion or dismissal will be used when an employee's conduct does not meet District standards after other progressive discipline procedures have been utilized. However, the District may demote or dismiss an employee without first suspending the employee for similar conduct.
Demotion or Dismissal. An oral warning, written warning and/or suspension shall include a Corrective Action Plan, which establishes certain standards of performance, a schedule for improving employee’s performance, and follow-up review. In the case of a work performance issue that has become a discipline issue in accordance with Article 57, a Corrective Action Plan may incorporate unmet objectives of any work performance plans prepared in accordance with Article 57. The parties support the principles of progressive discipline. However, the above stated disciplinary steps may not be appropriate for all offenses or infractions and need not be applied in sequence depending on the severity of the offense or infraction involved. The following are examples of the kind of conduct or actions that constitute just cause for suspension, demotion or dismissal depending on the severity of the offense or infraction:
a. Political or partisan activity as described in the Political and Partisan Activity Article of this Agreement and either the Legislature’s Personnel Policies and Guidelines for Legislative Council Employees or, for Committee Clerks, the Personnel Policies and Guidelines for Legislative Committee Clerks (hereinafter referred to collectively as the “Personnel Handbook”);
b. Breach of the rules of legislative confidentiality as described in the Personnel Handbook;
c. Insubordination constituting a serious breach of discipline;
d. Personal conduct that impairs the employee’s work performance or brings serious discredit to the Legislature or, for Legislative Council employees, the nonpartisan nature of the work;
e. Use of the employee’s position for personal advantage;
Demotion or Dismissal. 1798 Demotion or dismissal will be used when a unit member’s conduct does not 1799 meet District standards after other progressive discipline procedures have 1800 been utilized. However, the District may demote or dismiss a unit member
Demotion or Dismissal in the event the unit member’s behavior continues for the same or substantially related cause, demotion or dismissal will result.
Demotion or Dismissal. I. 1f a hearing is requested, it shall be conducted by an impartial third-party hearing officer. The hearing officer shall be mutually selected by the District and the Union from an agreed upon list.
II. The hearing shall be held within a reasonable period of time but not before five (5) working days after the filing of the request for a hearing.
Demotion or Dismissal. For any of the causes enumerated in Section 1 of this Article, the Superintendent of Public Education may recommend to the Board of Education that a permanent employee be demoted or dismissed. The Superintendent of Public Education, when recommending such demotion or dismissal, shall file a written accusation with the Board of Education. The written accusation will be sufficiently definite to enable the accused unit member to prepare a defense on the merits of the case. The Board of Education shall receive the recommendation of the Superintendent of Public Education or designee and shall either:
A. Approve the recommendation, directing the unit member be notified that the unit member shall be demoted or dismissed from the employ of the district unless the unit member requests a hearing within five (5) work days after receipt of the written accusation or, B Disapprove the recommendation, in which event the unit member shall be continued as an unit member of the district, without prejudice as to the recommendation of the Superintendent of Public Education to dismiss the unit member.