New Hampshire Code of Administrative Rules
Per - Director of Personnel, Division of Personnel in the Department of Administrative Services
Chapter Per 1000 - INVESTIGATIONS, DISCIPLINE AND NON-DISCIPLINARY REMOVAL
Part Per 1002 - DISCIPLINE
Section Per 1002.02 - Dismissal During Initial Probationary Period

Universal Citation: NH Admin Rules Per 1002.02

Current through Register No. 12, March 21, 2024

(a) At any time during the initial probationary period an appointing authority may dismiss an employee without prior warning if that employee fails to meet the work standard or engages in any conduct for which discipline is authorized pursuant to this Part, provided the dismissal is not:

(1) Arbitrary;

(2) Illegal;

(3) Capricious; or

(4) Made in bad faith.

(b) No appointing authority shall dismiss a probationary employee under this rule until the appointing authority offers to meet with the employee, prior to issuing the notice of dismissal, to discuss the appointing authority's reason(s) supporting the decision to dismiss the employee.

(c) An employee's failure to respond to a request for a meeting with the appointing authority shall not bar the appointing authority from dismissing an employee pursuant to this part.

(d) An employee's refusal to meet with the appointing authority shall not bar the appointing authority from dismissing an employee pursuant to this part.

(e) If an appointing authority determines that there are sufficient grounds to dismiss the probationary employee, the appointing authority shall:

(1) Prepare a written notice of dismissal to be given to the probationary employee specifying the reason(s) for dismissal;

(2) Notify the employee in writing that the employee may appeal the dismissal to the personnel appeals board within 15 calendar days of the notice of dismissal; and

(3) Forward a copy of the written notice of dismissal to the director.

(See Revision Notes at chapter heading for Per 100) #8738, eff 10-18-06; amd by #9280, eff 10-1-08

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