– PRINT ON YOUR DEPARTMENTAL LETTERHEAD –
Home Address OR Hand-delivered Whenever Possible
Dear Mr. Employee:
Please take notice that you are dismissed from your position of (Classification) effective today, (date). The grounds upon which this dismissal action is being taken are in accordance with Section 4 of Civil Service Commission Rule XIII as follows:
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 taking 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.
On (date) I met with you and your union representative to hear your reply to the charges in the letter proposing your dismissal. In that meeting, you made the following points:
It was a long-standing practice for staff to leave early if they finished their work. You also said you did not understand that this practice was no longer acceptable. As you know, the prior supervisors who may have condoned this practice no longer work for the County. One (Classification) was also dismissed for falsifying his timecards. You were caught leaving early and were advised it was unacceptable and must stop. In a staff meeting, written expectations were discussed. One of these expectations covered the issue of working one’s complete shift. I find your statement that you did not know that this practice was no longer acceptable to lack credibility.
You said you missed your breaks and meal period on the days in question. You also said that there were many calls for your services on the nights in question and you had worked very hard. Night shift (Classification) work a straight 8-hour shift with a paid meal break. Based on your statement, I will review this policy to determine if the shift should be extended with a paid meal break. However, missing a paid meal break does not allow you to leave early.
You did not leave the campus early, you merely left the building and sat in your van. By leaving the building, you were abandoning your post. Furthermore, on at least three of the above occasions, you left the campus early as well. It should be noted that security only observed the parking lot on the five dates noted above, and you left the building early on all five occasions.
I reviewed you case again with your supervisor and managers. They have presented to me evidence that you were informed of the policy that leaving work early is not permitted. In our interview August 1, you told me that your manager did not speak to staff setting forth the policy about leaving early. Yet you signed an attendance sheet on May 16, 2000 of the staff meeting where this policy was clearly discussed (attached). I must therefore assume your early departures on the dates noted were done with full knowledge that it was against County policy.
Therefore, in light of the evidence I have reviewed and the fact that you continued to violate a County policy that your manager had informed you of, I must uphold the recommendation to dismiss you from your position as a (Classification).
Deciding Official, Title
cc: Department Head
First Line Manager
Donna Vaillancourt, Director, Human Resources Department
Employee & Labor Relations
Civil Service and Departmental Files