Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I fire employees for reasons other than poor performance in Alabama? What are the requirements?

Can I fire employees for reasons other than poor performance in Alabama? What are the requirements?

Yes, in Alabama, employees can be dismissed, suspended without pay, or demoted for reasons other than poor performance, but only for just cause [1.2][5.1]. The good of the service must be served by the disciplinary action, or the employee’s work, performance, conduct on or off the job, or insubordinate attitude must warrant such action [1.2]. Political considerations cannot be the basis for disciplinary action [1.2]. There are no specific requirements for firing employees for reasons other than poor performance in Alabama, but the disciplinary action must be for just cause [1.2][5.1].

Requirements for firing employees in Alabama

The procedure for protesting certain disciplinary action is outlined in ALCA 45-35-120.17 [1.3]. An employee has the right to protest any disciplinary action taken against them by their appointing authority. The employee must file a protest in writing with the board and their appointing authority within not less than seven days and not more than 30 days of the date on which the disciplinary action was taken and request a hearing before the board. Within 14 days after receipt of the protest, the appointing authority shall file with the chair of the board and mail to the employee by certified mail a statement specifying the charges against such employee on which the disciplinary action was based. The board shall have the authority to continue the hearing from time to time as may be necessary. At the conclusion of the hearing, the board shall render a decision [1.3].

Temporary employees, probationary employees, and employees having permanent status in the position in the classified service can be laid off in that order [1.1].

Source(s):
Jurisdiction

Alabama