1601 A3 Unclassified Employee Disciplinary and Dismissal Actions

Georgia State Seal

Georgia Department of Human Services
Human Resources Policy #1601 A3

Unclassified Employee Disciplinary and Dismissal Actions

Release Date:

March 31, 2024

Revised Date:

August 30, 2024

Next Review Date:

August 29, 2026

References:

O.C.G.A. §45-20-1 et seq. — Unclassified Service
O.C.G.A. §47-2-2 and §47-2-123 — Retirement Law
DHS Human Resources Policy #1904 — Involuntary Separation
Retirement Benefits

(Applicable to employees hired after July 1, 1996)

The intent of this attachment is to establish a disciplinary procedure for unclassified employees that is fair and prompt. The Department of Human Services (DHS) recognizes that Georgia is an “employment-at-will” state. As such, unclassified employees serve at the discretion of the Department.

Section A: General Provisions

  1. Applicants and classified employees who are offered unclassified positions should be advised of the unclassified status. An Unclassified Employment Acknowledgement form, which indicates the terms of accepting a position in the unclassified service, should be signed. Please see DHS Policy #302: Classified to Unclassified Employment Attachment #1 to access this form.

  2. Unclassified employees are covered by the Rules of the State Personnel Board, but they do not have appeal rights to the State Personnel Board.

  3. In accordance with DHS Policy #1502: Unclassified Employee Complaint Procedure disciplinary actions and dismissal actions are not grievable.

  4. Supervisors or Leadership must consult with OHR prior to taking a disciplinary or dismissal action against unclassified employees regardless of their length of service.

Section B: Approval

  1. Any decision to separate, demote, suspend without pay or reduce the salary of an unclassified employee for disciplinary reasons must be approved in writing by the Deputy Commissioner of Human Resources or their designee prior to the action being taken.

  2. The requirement for written approval on disciplinary actions and dismissal actions does not apply to unclassified temporary employees or rehired retirees. Written approval is also not required for unclassified employees who are separated at the expiration of a time-limited appointment. However, any additional executive directives to this policy must also be followed.

Section C: Adverse Actions – Unclassified Employees (At-Will Employees)

  1. Unclassified Employees have no appeal rights under State Personnel Board Rules. Use of the guidelines outlined in this policy for Unclassified Employees is intended to provide consistency in implementing discipline; however, it does not alter the at-will status of such employees.

  2. Supervisors must follow the procedures outlined in Paragraph D below when imposing an Adverse Action on an Unclassified Employee employed for twelve (12) months or more unless the action taken is in accordance with other procedures outlined by the Commissioner.

  3. Prior to suspending a Fair Labor Standards Act (FLSA) exempt employee without pay, the agency should determine whether such action would result in the loss of the FLSA exemption.

    1. For FLSA exempt employees. Suspensions without pay must be administered in full FLSA work periods and cannot cover parts of two (2) FLSA work periods. The FLSA work period should be determined prior to finalizing the dates for the suspension without pay action.

  4. Prior to reducing an FLSA exempt employee’s salary for disciplinary reasons, the agency should determine whether such action would result in the loss of the FLSA exemption.

  5. Adverse Actions are Suspension Without Pay, Disciplinary Salary Reduction, Demotion, and Dismissal.

  6. Procedures

    1. The employee’s leadership team must provide written notice to their HR Representative of the intent to initiate Adverse Action.

    2. The notice must contain the reason(s) for the proposed action and documentation to support the action being proposed.

    3. The HR Representative will submit a recommendation to the division/office director based upon information obtained during the review.

    4. The Deputy Commissioner of Human Resources or their designee will approve or disapprove the recommended Adverse Action.

    5. If the Adverse Action is approved, the employee’s leadership team will issue the letter to the employee.

    6. For Adverse Actions, other than dismissals, the notice to the employee should include information regarding the inappropriate conduct or performance deficiency. A copy of the notice must be sent to OHRPersonnelRecords@dhs.ga.gov for placement in the employee’s personnel file.

    7. For Adverse Actions resulting in dismissal of an Unclassified Employee for inappropriate conduct or performance deficiencies, reasons are not required to be provided in the notice of dismissal.

      1. Unclassified Employees may be dismissed for reasons other than inappropriate conduct or performance deficiencies, including but not limited to:

        • Budgetary constraints or reduction;

        • Downsizing;

        • Reorganization; or

        • Termination of program.

Section D: Involuntary Separation Based on Retirement Law

  1. Employees, who first established membership in the Employees' Retirement System (ERS) prior to April 1, 1972, and who have a minimum of 18 years of State employment, have involuntary separation rights under the Retirement System Law.

  2. State Law requires that specific procedures be followed to separate employees with involuntary separation rights.

  3. In all cases, employees who meet or may meet the qualifying requirements listed above must not be separated without prior consultation with the Deputy Commissioner of Human Resources.

Section E: Recommendation for Rehire

  1. In some circumstances, employees who are dismissed from employment may not be rehired. Each circumstance, other than those requiring mandatory disqualification, will be reviewed on a case-by-case basis, in consultation with OHR.

    See DHS Policy #504: Criminal History Records Checks, DHS Policy #1301: Alcohol and Drug-Free Workplace, and DHS Policy #1302: Alcohol and Drug Testing Programs for additional guidance.

  2. If the recommendation to not rehire an employee is considered, DHS Policy #1901: Employment Separations must be referenced.

Section F: Discipline Documentation Policy

  1. In order to ensure DHS OHR has the most detailed and organized files, to increase the agency’s ability to respond to claims, and to know at a future point how an employee was treated or how an issue was resolved, all discipline should be documented in writing, including any of the following actions that were exercised for disciplinary purposes (i.e., Verbal/written warnings, transfers, suspensions, demotions, salary reductions, work plans, performance plans, etc.).

  2. The purpose of documenting all forms of discipline is as follows:

    1. To clearly communicate the disciplinary action and the reason for the discipline to the employee;

    2. To clearly communicate the disciplinary action and the reason for the disciplinary action to any future supervisor of the employee;

    3. To provide a benchmark for future discipline if the employee’s conduct does not improve;

    4. To provide a reference point for disciplining other employees so that there will be consistency within the organization; and

    5. To explain what discipline was imposed and why should the issue escalate in a legal context.

  3. The format for documenting discipline which is the written record of the discipline should include the following:

    1. The date on which the discipline was imposed;

    2. A description of the incident, activity, event, or failure to act that led to the discipline;

    3. What rules, policies, or procedures were violated by the employee,

    4. A description of the discipline; and

    5. What could happen if there is a similar event.

For additional information or assistance, please contact your designated Human Resources Representative.