(a) An employee in the preferred service who has successfully completed a probationary period becomes a preferred service employee and may be dismissed, demoted, or suspended for cause. The dismissal of a preferred service employee will take effect immediately after the appointing authority gives notice to such employee and files a written statement with the commissioner. The employee shall continue to receive compensation for ten (10) days following the date of dismissal.
Terms Used In Tennessee Code 8-30-316
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appointing authority: means a commissioner, department, officer or agency having power to make appointments to, and separations from, positions in state service. See Tennessee Code 8-30-103
Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
Fraud: Intentional deception resulting in injury to another.
Preferred service: means all offices and positions of employment in the state service that have been placed under the preferred service provisions of this chapter. See Tennessee Code 8-30-103
Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) An appointing authority may dismiss any employee when the authority determines that the good of the service will be served thereby. Whenever an employee is dismissed “for the good of the service,” the notice of termination must outline the reasons for dismissal.(c) If an employee in state service willfully refuses or fails to appear before any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, the employee shall forfeit the employee’s position and shall not be eligible for appointment to any position in state service.(d) Any employee who is absent from duty for more than three (3) consecutive work days without giving prior written or electronic notice to the appointing authority or appropriate manager that specifies 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 extenuating circumstances beyond the control of the employee causing the employee’s absence or preventing the employee’s return. An employee deemed to have resigned in accordance with these circumstances shall have the right to appeal such action through the appeal procedure described herein.(e) The commissioner may dismiss an employee if the commissioner finds that the employee was appointed as a result of fraud.(f) A preferred service employee is entitled to appeal a dismissal, demotion, or suspension as provided in § 8-30-318.(g) A notice of termination shall include the reason for the termination in clear and concise language and shall state the facts that led to the termination.
