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

Requirements for Dismissal, Demotion, or Suspension for Cause in Tennessee

In Tennessee, 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 ^[1.2]. 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 ^[1.2].

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 ^[1.2].

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 ^[1.2].

The commissioner may dismiss an employee if the commissioner finds that the employee was appointed as a result of fraud ^[1.2].

Conclusion

In Tennessee, employees can be dismissed, demoted, or suspended for cause, and the notice of termination must outline the reasons for dismissal. An employee can also be dismissed for willfully refusing or failing to appear before any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry. Additionally, an employee who is absent from duty for more than three 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 work days after the expiration of any authorized leave of absence, is considered as having resigned not in good standing. 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. Finally, the commissioner may dismiss an employee if the commissioner finds that the employee was appointed as a result of fraud. ^[1.2].

Source(s):

• [1.2] Dismissal, demotion or suspension for cause.

Jurisdiction

Tennessee

• Labor