– PRINT ON YOUR DEPARTMENTAL LETTERHEAD –
Home Address OR Hand-Delivered whenever Possible
Dear Mr. Employee:
Please take notice that it is the intent of this office to dismiss you from your position of (Classification) effective (approximately 10 days from date of letter). The grounds upon which this dismissal action is being proposed are in accordance with Section 4 of Civil Service Commission Rule XIII as follows:
A. Absence Without Leave. Absence without leave shall mean any time an employee is absent from the workplace without authorization or without an explanation satisfactory to the appointing authority. This includes an employee’s failure to report to work after a leave of absence has expired or after such leave of absence has been disapproved or revoked.
C. Dishonesty or any act contrary to commonly accepted standards of justice.
It has recently been discovered that you have been leaving work early, before the end of your assigned shift. Specifically, you were observed by security leaving at the following times:
June 21 – left building a 12:15 a.m. entered your vehicle and remained there until 1:00 a.m.
June 23 – left at 12:24 a.m.
June 26 – left the building at 12:20 a.m., entered your vehicle then drove off campus at 12:50 a.m.
June 27 – entered your vehicle at 12:20 a.m. then left campus at 1:00 a.m.
June 28 – entered your vehicle at 12:20 a.m. then left campus at 12:55 a.m.
Your assigned shift ends at 1:00 a.m. On each of the above dates, your timecard reflected that you had worked your entire shift. Your absences constitute Absence Without Leave. The false entries on your time card constitute Dishonesty and also constitute an attempt to defraud the County.
On (date) X, your supervisor, along with X interviewed you regarding the above issues. In answer to their questions as to what time you left the building on specific dates, you responded that you left at 12:50, the same as everyone else. Regarding other dates, you said you left at 1:00 a.m., or that you left at the same time as everyone else. X and X also asked you about leaving the building early and sitting in your vehicle for a period of time prior to the end of your shift at 1:00 a.m. You responded that you were “doing something in the van, but can’t remember what”. Based on reports filed by security, your supervisor advised you that he had reason to believe that you had not left the building at the times you indicated.
Your supervisor provided you the opportunity to change your answers and asked if you would like to change any of your answers. You said “No.” The report from security is quite specific and contradicts many of your answers. Your failure to answer the questions posed to you during this investigatory interview constitutes another act of Dishonesty.
In proposing this action, I am taking into consideration the non-punitive disciplinary action equating to a 15-day suspension recently issued to you for Dishonesty. That action was the result of untruthful statements to your supervisor and myself regarding your second job. In the letter issued to you on (date) I advised you that dishonesty normally results in dismissal but that, based on your remorse and length of service, I had decided to issue a disciplinary letter equating to a 15-day suspension rather than dismissing you from employment. In that letter I stated, “Please be advised that any further acts of dishonesty will result in dismissal from County employment.” Now, one month after that letter, you have left work early and lied about it in the investigatory interview. You have broken trust with your supervisor and myself and I have no alternative but to dismiss you.
All written materials, reports and documents upon which this action is based are available to you for your review by contacting me. You will further take notice that you have the right to respond either orally or in writing, or both, to the facts contained in this letter. If you wish to respond in writing, your response must be received in this office no later than (approximately 7 working days later). If you wish to respond orally, you must contact (Skelly Hearing Officer) (650) 573-XXXX by (approximately 4 working days later) to arrange a meeting to be held by (approximately 7 working days later). If you do not contact Ms. XX or provide a written response by the above dates, it will be assumed that you have waived this right.
You have the right to be represented by your union in this matter.
First Line Manager, Title
cc: Department Head
Next Level Manager
Donna Vaillancourt, Director, Human Resources Department
Employee & Labor Relations
Civil Service and Departmental Files