Sample - Job Abandonment Dismissal (Page 2 of 3) in pdf

No element of employment is more basic than the right of the employer to expect employees

to report for work as scheduled and to comply with established procedures for requesting

absences as well as providing the necessary documentation. Your prolonged absence has

placed an undue hardship on this facility as well as on your co-workers who must assume your

assigned duties during this period. Your absence also interferes with your co-workers

opportunities to schedule vacation days.

I believe we have been very tolerant of your situation and have gone to extraordinary lengths

to assist you; however, I cannot tolerate your failure to report for work as scheduled, or in the

alternative, adhere to the procedures for requesting leave of absence without pay. In

accordance with W. V

. C

R. §143-1-12.2.c., an appointing authority may dismiss an

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employee for job abandonment who is absent from work for more than three consecutive

workdays without notice to the appointing authority of the reason for the absence as required

by established agency policy.

Therefore, this letter shall serve as a fifteen (15) calendar day notice from your receipt of this

letter of my decision to dismiss you from your position as a [classification] with the

[agency/department name], effective [date – 15 calendar days from the date of the letter]. I

am obligated to ensure the overall efficiency of the facility by maintaining a full work force that

is dependable. Your extended absence and your failure to submit required completed forms,

coupled with our inability to employ another staff member in your position during your

absence, negatively impacts the operation of the facility.

You may respond to me, in person and/or in writing, concerning the contents of this letter,

provided you do so within fifteen (15) calendar days of its date. By law, you have a right to

grieve this dismissal through the West Virginia Public Employees Grievance Procedure,

§6C-2-1 et seq. If you choose to file a grievance, you must do so, on

contained in W. V

. C

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the prescribed form, within fifteen (15) working days of the effective date of the action. As

dismissals may be appealed directly to the Public Employees Grievance Board at Level III, you

may file with the Board, at 1596 Kanawha Boulevard, East, Charleston, West Virginia, 25311. If

you file directly to the Board, you must also provide copies of your grievance to [agency copy –

name and address], and the Director of the Division of Personnel, Building 6, Room B-416,

State Capitol Complex, Charleston, West Virginia, 25305. If you wish, however, you may file

your grievance with [name and address of Chief Administrator] at Level I, with a copy to the

Director of the Division of Personnel and the Board. Details regarding the grievance procedure,

as well as grievance forms, are available at the Board’s web site at or you

may telephone the Board at (304) 558-3361 or toll-free at (866) 747-6743.

You may be eligible to continue your Public Employees Insurance Agency (PEIA) insurance

benefits for three (3) months after the end of the month in which you are removed from the

payroll, at no added cost to you. See W. V

. C

§5-16-13(c). Additionally, under the

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Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), you may be eligible for up to

eighteen (18) months of continued health coverage; therefore, you may wish to contact your

payroll office or PEIA, at (304) 558-7850, or 1-888-680-7342, for specific eligibility, coverage and

Sample - Job Abandonment Dismissal Page 2

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