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

Can I fire employees for reasons other than poor performance in Wyoming?

Yes, you can fire permanent employees for reasons other than poor performance in Wyoming. According to the Wyoming Administrative Rules (WYAR) § 1, agency management may discipline a permanent employee for cause including, but not limited to, the following reasons:

  • Absenteeism;
  • Incapacity to perform assigned duties;
  • Assault;
  • Carelessness;
  • Damaging State property;
  • Dishonesty;
  • Insubordination;
  • Misconduct;
  • Refusal to work;
  • Sexual harassment;
  • Theft;
  • Unsatisfactory work performance;
  • Criminal conduct;
  • Falsification of application for employment;
  • Violation of agency rules or policy;
  • Violation of State Personnel Rules;
  • Violation of the State of Wyoming Substance Abuse Policy;
  • Violation of the State of Wyoming Anti-Discrimination Policy;
  • Violation of the State of Wyoming Electronic Mail Policy;
  • Violation of the State of Wyoming, Office of the Chief Information Officer, Information Technology Manual, Internetworking Acceptable Use Policy (CIO 1200-P143);
  • Violation of the State of Wyoming Code of Ethics; and
  • Violation of the Workplace Violence Policy.

What are the requirements?

The requirements for firing permanent employees for reasons other than poor performance in Wyoming are not explicitly stated in the context documents provided. However, according to WYAR § 3, permanent employee dismissed by the agency head shall be separated pursuant to the provisions of Chapter 7, Section 3(c) pertaining to dismissal of permanent employees. Additionally, WYAR § 10 states that if the employee’s overall performance is rated as “unsatisfactory”, the evaluator shall discuss and document the performance deficiencies requiring improvement. Immediately but no later than fifteen (15) days from the evaluation’s final acknowledgement, the evaluator shall provide the permanent employee with a written performance improvement plan. Discipline may also be considered for the performance deficiencies in accordance with Chapter 7 of the State of Wyoming Personnel Rules.

If an employee receives an overall evaluation rating of “unsatisfactory”, they have ten (10) days from receipt of the performance evaluation rating to submit in writing an appeal to the Agency Head, according to WYAR § 14(c). The appeal shall include specific facts, which establish that the overall “unsatisfactory” rating lacks supporting documentation and/or the evaluator disregarded factors or circumstances, which substantially support the permanent employee’s position and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria. The Agency Head or designee shall respond to the appeal within ten (10) days of receipt of the appeal. Before making a determination regarding the appeal, the Agency Head or designee shall review the evaluation and all documentation submitted by the performance evaluator and the employee. The Agency Head or designee shall make a determination as to whether the overall “unsatisfactory” rating lacks supporting documentation and/or the evaluator disregarded factors or circumstances, which substantially support the permanent employee’s position and thereby deprived the employee of a performance evaluation rating based on job-related performance criteria. The determination shall be in writing and may direct the evaluator to make any appropriate adjustment(s) to the employee’s evaluation. If the employee does not comply with the deadlines in this section, the employee shall forfeit any appeal and/or grievance rights, according to WYAR § 14(f)(i).

If you require more specific information on the requirements for firing permanent employees in Wyoming, it is recommended that you consult with an employment lawyer or the Wyoming Department of Workforce Services.

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Source(s):
Jurisdiction

Wyoming