Gross Misconduct Dismissal Letter Template printable pdf download

SAMPLE – Gross Misconduct Dismissal

[Date]

[Name]

[Address]

Via [Hand Delivery / Certified Mail No._________]

Dear [Mr./Ms. Last Name]:

The purpose of this letter is to advise you of my decision [OR - to confirm in writing your verbal

dismissal communicated to you on DATE and TIME communicated to you by NAME and TITLE]

to dismiss you from employment as a [classification] with the [agency/department name],

effective immediately, for gross misconduct. This action is taken in accordance with subsection

12.2 of the Administrative Rule of the West Virginia Division of Personnel, W. V

. C

R. §143-

ODE

1-1 et seq. In accordance with the Administrative Rule, a

predetermination conference

and

[NOTE:

fifteen days notice

are not required when the cause of dismissal is gross misconduct.

Though provided for in the Rule, it is advised that you seek legal counsel prior to denying a

conference and notice. The burden of evidence to support a claim of gross misconduct is greater

than that required to prove simple misconduct. You must be prepared to defend a claim of

denial of due process since 2 of the 3 elements are being denied. As an option, you may consider

conducting the predetermination conference, even if done on the telephone, and providing 15

calendar days of severance pay (typically 10 days of pay) to avoid such a claim. If a conference,

notice, and severance are provided they should be referenced in this letter and the language

denying it removed. The employee would also be entitled to representation at the conference.]

The normal fifteen (15) day notice is being withheld in the public's best interest since the

nature of your misconduct demonstrates a willful disregard of the [agency/department

name]’s interests and a wanton disregard of standards of behavior which an employer has the

right to expect of its employees. You will, however, be paid for all annual leave accrued and

unused as of your last working day with this agency. [Final wages must be paid within

timeframes provided in the Wage Payment and Collection Act.]

So that you may understand the specific reason for your dismissal I recount the following [Give

specific and defensible reasons for dismissal -- employee should be informed, with reasonable

certainty and precision, of the cause of the dismissal from employment. Be sure to give

examples of deficiencies i.e., who, what, when, where and how. Provide specific details

including dates of previous disciplinary actions, unacceptable performance and/or conduct,

management intervention, training, policies violated, and the consequences to the

agency/public.]:

Gross Misconduct Dismissal Letter Template