Tennessee Code Annotated
Tenn. Code Ann. § 8-30-316 (2024)
Dismissal, demotion or suspension for cause
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) An employee in the preferred service who has successfully completed a probationary period becomes a preferred service employee and may be dismissed, demoted, or suspended for cause. The dismissal of a preferred service employee will take effect immediately after the appointing authority gives notice to such employee and files a written statement with the commissioner. The employee shall continue to receive compensation for ten (10) days following the date of dismissal.
- (b) An appointing authority may dismiss any employee when the authority determines that the good of the service will be served thereby. Whenever an employee is dismissed "for the good of the service," the notice of termination must outline the reasons for dismissal.
- (c) If an employee in state service willfully refuses or fails to appear before any legislative committee, or any officer, board or body authorized to conduct any hearing or inquiry, the employee shall forfeit the employee's position and shall not be eligible for appointment to any position in state service.
- (d) Any employee who is absent from duty for more than three (3) consecutive work days without giving prior written or electronic notice to the appointing authority or appropriate manager that specifies the reason for such absence, and without securing permission to be on leave, or who fails to report for duty or to the immediate supervisor or the appointing authority within two (2) work days after the expiration of any authorized leave of absence, is considered as having resigned not in good standing, absent extenuating circumstances beyond the control of the employee causing the employee's absence or preventing the employee's return. An employee deemed to have resigned in accordance with these circumstances shall have the right to appeal such action through the appeal procedure described herein.
- (e) The commissioner may dismiss an employee if the commissioner finds that the employee was appointed as a result of fraud.
- (f) A preferred service employee is entitled to appeal a dismissal, demotion, or suspension as provided in § 8-30-318.
- (g) A notice of termination shall include the reason for the termination in clear and concise language and shall state the facts that led to the termination.
Amended by 2017 Tenn. Acts, ch. 469, s 4, eff. 7/1/2017.
Acts 2012 , ch. 800, § 37.
Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2016–2024 · leading case: Tennessee Dep't of Corr. v. David Pressley, 528 S.W.3d 506 (Tenn. 2017).
Tennessee Dep't of Corr. v. David Pressley, 528 S.W.3d 506 (Tenn. 2017). “” Tenn. Code Ann. § 8-30-316 (a) (2016) (emphasis supplied).”
Tennessee Dep't of Child.'s Servs. v. Kaviandra James, No. M2019-00070-COA-R3-CV (Tenn. Ct. App. Mar. 25, 2020). “We do not agree with DCS that “an employer’s for-cause termination of a preferred service employee would violate Tenn. Code Ann. § 8-30-316 only if the employee did not engage in the conduct that the employer cited as cause for termination” and that Ms.”
Tennessee Dep't of Corr. v. David Pressley, No. M2015-00902-COA-R3-CV (Tenn. Ct. App. Apr. 14, 2016). “Pressley based upon the provisions of Tenn. Code Ann. §§ 8-30-316 and 8-30-318 of the Tennessee Excellence, Accountability, and Management Act of 2012, Tenn.”
Brandon Copeland v. Tennessee Dep't of Corr., No. M2021-01557-COA-R3-CV (Tenn. Ct. App. Dec. 2, 2022). “” Tenn. Code Ann. § 8-30-316 (a) & (f) (2022).”
Jack Scott v. Tennessee Dep't of Transp., No. M2023-00422-COA-R3-CV (Tenn. Ct. App. July 25, 2024). “Petitioner contended 1 See Tenn. Code Ann. § 8-30-316 (f) (“A preferred service employee is entitled to appeal a dismissal, demotion, or suspension as provided in § 8-30-318.”
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