A classified employee with temporary status may be dismissed at the pleasure of an
appointing authority under the provisions of § 36-4-31. A classified employee with provisional or probationary status may be dismissed for
reasons relating to the employee’s qualifications or for the good of the service.
A classified employee with permanent status may be dismissed by an appointing authority
whenever he or she considers the good of the service to be served thereby, stated
in writing, with full and sufficient reason, and filed with the personnel administrator.
Any removal or separation of an employee from the classified service not otherwise
provided for in this chapter shall be deemed to be a dismissal. In every case of dismissal,
the appointing authority shall on or before the effective date thereof give written
notice of this action and the reason therefor to the employee and shall file a copy
of the notice with the personnel administrator not later than three (3) days after
the effective date.
Notes of Decisions
Wilkinson v. State Crime Lab'y Comm'n, 788 A.2d 1129 (R.I. 2002).
· cites it 3× “1956 § 36^4-59 (tenure in state service) and § 36-4-38 (dismissal) — as well as the State Crime Laboratory Commission Act (crime lab act), G.”
Aniello v. Marcello, 162 A.2d 270 (R.I. 1960).
· cites it 4× “1956, §36-4-38, which confer power to dismiss employees in the classified service clearly bar summary dismissals.”
Hardman v. Pers. Appeal Bd., 211 A.2d 660 (R.I. 1965).
· cites it 4× “1956, §36-4-38, as amended. .The notice of. dismissal specified ten separate reasons for the director’s action.”
Landry v. Farmer, 564 F. Supp. 598 (D.R.I. 1983).
· cites it 2× “G.L. § 36-4-38 (1969 Reenactment). Accordingly, the Court finds that the temporary unclassified employees were not hired for a fixed term, and their dismissal did not constitute a breach of contract.”
Prete v. Parshley, 206 A.2d 521 (R.I. 1965).
“We are persuaded that this approach to the cause is correct inasmuch as the record does not disclose that the termination of petitioner was a dismissal within the purview of §36-4-38. Testimonial evidence was adduced on the issue whether two temporary employees had been…”
Hamaker v. Gagnon, 297 A.2d 351 (R.I. 1972).
“1 General Laws 1956, §36-4-38, reads in pertinent part as follows: “A classified employee with permanent status may be dismissed by an appointing authority whenever he considers the good of the service to be served thereby, slated in writing, with full and sufficient reason, and…”
Morinville v. Moran, 477 A.2d 74 (R.I. 1984).
“1956 (1969 Reenactment) § 36-4-38, which require the appointing authority, in all cases in which dismissal is in order, to give, “on or before” the effective date of termination, written notice to the employee of a dismissal and the reasons for such action.”
Rounds v. Parshley, 178 A.2d 444 (R.I. 1962).
· cites it 2× “” Section 36-4-38 was amended to provide that: “A classified employee with temporary status may be dismissed at the pleasure of an appointing authority under the provisions of 36-4-31 of this chapter.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.