Mississippi Administrative Code
Title 27 - Personnel
Part 120 - Mississippi State Employee Handbook
Chapter 7 - EMPLOYEE CORRECTIVE AND DISCIPLINARY ACTION
Section 27-120-7.5 - FORMS OF DISCIPLINE AND CORRECTIVE ACTION

Dismissal

Dismissal is an involuntary termination of employment. Involuntary termination of employment can occur based upon disciplinary action or a Reduction in Force approved by the MSPB. Dismissal can also occur based on the failure of the employee to continue to meet the eligibility criteria for the position held or an inability to perform the essential functions of the job.

The appointing authority may dismiss a permanent State Service status employee only for good cause or inefficiency. A probationary employee may be dismissed by the appointing authority at any time during the probationary period, with or without cause.

Involuntary Demotion

An involuntary demotion is when an employee is demoted for disciplinary reasons from a position in one job class to a position in a lower job class having a lower salary range. The involuntary demotion shall include a reduced salary in accordance with the MSPB Variable Compensation Plan. An employee may receive an involuntary demotion in addition to a suspension without pay.

Suspension Without Pay

A disciplinary suspension without pay is the temporary removal of an employee from performing his or her duties and from receiving payment. The maximum period an employee may be suspended without pay during any twelve (12) month period is thirty (30) cumulative work days. The twelve (12) month period shall begin with the first day of the initial suspension.

Written Reprimand

A written reprimand is a formal notice to an employee of inefficiency or other good cause warranting disciplinary action. It is intended to correct unacceptable behavior or unsatisfactory job performance before disciplinary action reducing or terminating an employee's compensation is necessary. A written reprimand should state with sufficient specificity the inefficiency or other good cause reason(s) for the disciplinary action. The reprimand must also:

* Inform the employee of his/her right to grieve the reprimand in accordance with MSPB grievance procedures;

* Inform the employee that a copy of the reprimand will be placed in his/her personnel file

* Contain the employee's signature acknowledging that he/she has received the reprimand. If the employee refuses to sign the acknowledgment, the person issuing the reprimand should sign the acknowledgment section confirming the reprimand was delivered to the employee.

An employee is not entitled to a due process hearing before being issued a written reprimand. If the employee has a due process hearing before being issued the reprimand, the reprimand may be appealed directly to the MEAB without first exhausting the MSPB grievance procedure. Otherwise, employees must exhaust the grievance procedure before appealing the reprimand to the MEAB.

Informal Corrective Action

When warranted, an employer may attempt to also correct unacceptable behavior or unsatisfactory job performance with a documented warning/counseling session or other appropriate informal means, before taking formal disciplinary action (Written Reprimand, Suspension Without Pay, Involuntary Demotion or Dismissal). Informal corrective action is not grievable.

A formal disciplinary action notice shall be maintained in the employee's personnel file. Supervisors should coordinate with Human Resources as to whether documentation of informal corrective action should be included in the employee's personnel file. Employees must be given copies of any disciplinary/corrective action documentation placed in his/her personnel file. Documentation of formal disciplinary action or informal corrective action may be kept indefinitely in the employee's personnel file.