Before removal is initiated, the facts and circumstances in the case must be carefully reviewed. Conclusions must be that the employee has demonstrated unwillingness or refusal to conform to established rules of conduct or has breached the employee-employer relationship in such away that other rehabilitation is not appropriate and removal is warranted for the offense(s).
Normally, a progression of disciplinary measures is taken in an effort to rehabilitate the employee before management decides to remove the individual. Removal for misconduct is preceded by such a progression unless the misconduct is so serious or the violation of rules and regulations so flagrant that discharge for a first or second offense is clearly warranted.
An employee against whom removal is proposed is entitled to:
- At least 30 days advance written notice;
- A reasonable time, but not less than 7 days, to answer orally or in writing or both and to furnish affidavits and other documentary evidence in support of the answer;
- Representation by an attorney or other representative;
- A reasonable amount of official time to review the material relied on to support the proposed action, to prepare an answer, and to secure affidavits, if the employee requests time and is otherwise in an active duty status. However, if the employee is covered by a negotiated agreement (union contract), the provisions of that agreement must be followed.
- A written decision and the specific reason(s) for the decision at the earliest practicable date.