2245-1

Adverse Actions for Unclassified Employees

Commissioner's Policy

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The Department of Transportation recognizes that Georgia is an “employment-at-will” state. As such, unclassified employees serve at the discretion of the Department.

  1. GENERAL PROVISIONS

    1. Applicants and classified employees who are offered unclassified positions should be advised of their unclassified status. An Acknowledgemet of Unclassified Position form, DOT 4112, that indicates the terms of accepting a position in the unclassified service should be signed.

    2. Unclassified employees are not covered by the Rules of the State Personnel Board and have no rights of appeal to the State Personnel Board.

    3. In accordance with the DOT Grievance Procedure for Unclassified Employees, disciplinary, adverse and separation actions are not grievable. (See TOPPS 2240-6, Employee Grievance Procedure – Unclassified Employees.)

    4. The Office of Personnel, Employee Management Relations Section must be consulted prior to any consultation with the designated authorizing official to determine an appropriate level of recommended action and prior to taking adverse separation action against an unclassified employee.

    5. Unclassified employees may be dismissed at any time without notice or a statement of reasons. However, reasons must be given in cases where unclassified employees are covered by the provisions of involuntary separation rights under Retirement System Law or reemployment rights under USERRA. Other circumstances in which it is permissible, though not mandatory, to provide reasons for separation from employment are outlined in Section D of this policy.

  2. AUTHORITY FOR DECISIONS

    1. Any decision to reduce the salary, suspend without pay, demote, or separate an unclassified employee for disciplinary reasons must be approved in writing by a designated authorizing official such as the Commissioner, Deputy Commissioner, Chief Engineer, Treasurer or Division Director prior to the action being taken. The individual recommending the action cannot be the official authorizing the action.

    2. The requirement for written approval on adverse actions and separation actions does not apply to unclassified employees who are not eligible for benefits (e.g., hourly employees, temporary employees, re-employed retirees, etc.) Written approval is also not required for unclassified employees who are separated at the expiration of a time-limited appointment or who are released from employment for reasons unrelated to performance or conduct.

    3. The requirement for written approval for separation actions does not apply to unclassified employees who test positive or refuse to be tested for controlled substances.

    4. However, the requirement for written approval for separation actions does apply to unclassified employees who test with a BAC of .04 or greater or refuse to be tested for alcohol.

  3. TYPES OF DISCIPLINARY AND ADVERSE ACTIONS

    1. Written reprimands and adverse actions may be taken against unclassified employees as determined appropriate. Employees are to be given sufficient information regarding the inappropriate conduct or performance deficiency to enable them to correct the problem. Written reprimands do not require prior written approval. Also, reprimands do not require discussion with the Employee Management Relations Section but it is recommended.

      Actions include:

      1. Written Reprimands
      2. Demotions
      3. Suspensions Without Pay
        Note: For FLSA exempt employees, suspensions without pay must ordinarily be administered in full FLSA work weeks and cannot cover parts of two (2) FLSA work weeks.
      4. Disciplinary Salary Reductions
        Note:Disciplinary salary reductions cannot be taken against FLSA exempt employees due to provisions of the Fair Labor Standards Act.

  4. TYPES OF SEPARATION ACTIONS

    5. Unclassified employees may be separated based on the categories listed below:

    1. DISMISSAL (DIS) - Employees may be dismissed for reasons directly related to inappropriate conduct or performance deficiencies. Reasons for separation are not to be provided to unclassified employees who are dismissed from employment under these circumstances.

    2. POSITIVE ALCOHOL TEST or Refusal to Test (DIS) - Employees are dismissed for a BAC of .04 or greater. The reason for separation is provided along with the appropriate referral information given to CDL holders for contacting a Substance Abuse Professional.

    3. POSITIVE DRUG TEST or Refusal to Test (DRG) - Employees are separated under the GDOT drug-testing policies. The reason for separation is provided along with the appropriate referral information given to CDL holders for contacting a Substance Abuse Professional.

    4. RELEASE (RLS) - Employees may be released for reasons other than inappropriate conduct or performance deficiencies, including but not limited to:

      • budgetary constraints or reduction;
      • downsizing;
      • reorganization; or
      • termination of program.

      1. RELEASE should be considered in lieu of DISMISSAL if, despite satisfactory efforts by the employee, the employee fails to demonstrate acceptable job performance within a reasonable measure of time after initial employment. Generally, this would be due to the employee’s inability to perform the duties of the job. This includes failure to secure or maintain a required license, certificate or registration within a specified period.
      2. RELEASE should be used for the separation of hourly and temporary employees, unless there are conduct or performance issues.
      3. RELEASE should be used for failure to return from an approved leave of absence, or a suitable vacancy not available at the expiration of a Contingent Leave of Absence.
      4. Unclassified employees, who are released from employment through no fault of their own, may be given reasons for the release verbally or in writing.

    5. PRESUMPTIVE RESIGNATION (PRE) - Any employee who is absent from duty for five (5) consecutive work days or equivalent without authorization may be separated from employment as a presumptive resignation.
      Note: If, due to incarceration, an employee is unable to report for duty for five (5) consecutive work days or equivalent, the employee will be terminated as a presumptive resignation. Any period of absence while incarcerated will be deemed to be unauthorized leave without pay. (See       TOPPS 2255-3, Criminal Proceedings Involving Employees, for full text regarding incarceration.)

      Refer to “Reference Guide for Processing Separations of Unclassified Employees” to determine the reason for separation; when a DOT 4113 is needed; reason entered on Department of Labor Separation Notice, DOL 800; separation code on ES form; and, when to indicate “no rehire”.

    6. APPROVAL PROCESS

      1. After discussions among management locally, the appropriate Office/District manager must consult with the Employee Management Relations Section prior to preparing the adverse action or separation letter. (Sample adverse action and separation letters are provided in Attachment #1.) If necessary, the Employee Management Relations Section may also consult with GDOT’s Equal Opportunity Office.

      2. All adverse action and separation letters signed by the appropriate Office Head or District Engineer will be submitted to the designated authorizing official along with the form: Recommended Adverse Action/Separation Action Decision For An Unclassified Employee, DOT 4113.

        1. The designated authorizing official is to approve or disapprove the recommended action using the DOT 4113.
        2. If the action is approved, the adverse action or separation letter is to be presented to the employee.
        3. Copies of the letter and completed DOT 4113 are to be forwarded to the General Office Transactions Section for placement in the employee’s official personnel file and a second set of copies sent to the Employee/Management Relations Section.

        The appropriate personnel action form, Employee Data Change, DOT 4105, Transaction Request, DOT 4114 or an Employee Separation, DOT 4107 must be completed and forwarded to the DOT General Office Transactions Section along with the appropriate documentation.

    7. RECOMMENDATION FOR RE-EMPLOYMENT

    When an employee is separated from employment, the manager or other appropriate individual should review the employee’s work performance, behavior and reasons for separation to determine if it is appropriate to have a “No Rehire” recommendation entered in the employee’s record. A “No Rehire” recommendation means that the employee is not recommended for rehire anywhere in state government.

    1. In some circumstances, employees who are separated from employment are not to be re-employed. (See TOPPS Policies Drug-Free Work Place, 2290-1, and Alcohol and Controlled Substance Testing for Commercial Driver's License Holders, 2290-2, for mandatory disqualifications from re-employment.)

    2. Each circumstance, other than those requiring mandatory disqualifications as indicated in Section F(1) above, is to be reviewed on a case-by-case basis, in consultation with the Employee/Management Relations Section.

    3. If an employee should not be re-employed, “No Rehire” is to be selected on the personnel action form, DOT 4107 (ES) with an attached letter of explanation stating the reason(s) supporting the "No Rehire".

    For additional information or assistance, please call the GDOT Employee/Management Relations Section at 404/656-5260.

    REFERENCES:
    State Law (O.C.G.A. §45-20-1 et seq. - Unclassified Service)
    State Law (O.C.G.A. §47-2-2 and §47-2-123 - Retirement Law)
    Governor’s Executive Orders dated May 3, 1996 and September 13, 1996

    Authored by the Office of Personnel, 404-656-5260

    Document History:

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