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

Current through June 25, 2024
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.