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Performance Management
Disciplinary Standards
Policy manual
When taking disciplinary action, Human Resources provides the agency guidance on employee rights that must be upheld and certain standards that must be followed. Depending on an employee’s service designation there are different disciplinary standards that are used when administering discipline. Disciplinary standards are not used for temporary or limited duration employees. 
 
 

CLASSIFIED SERVICE EMPLOYEES
 
Classified Service Employees
For classified represented employees the standard applied is “Just Cause.” Additionally, an agency must follow procedures outlined in the appropriate Collective Bargaining Agreement (CBA).
 
Classified Unrepresented Employees
For classified unrepresented employees the standard applied is “in good faith for cause” specified in ORS 240.560 for one or more of the seven statutory grounds in ORS 240.555: misconduct, malfeasance, indolence, insubordination, incompetency, inefficiency or other unfitness to render effective service. Additionally, an agency must follow State HR Policy 70.005.02  Classified Unrepresented Discipline and Dismissal.
 
 

MANAGEMENT SERVICE EMPLOYEES
 
Management Service Employees with Immediate Prior Classified Service
For employees being dismissed with immediate prior classified service, the standard applied is “in good faith for cause” specified in ORS 240.560 for one or more of the seven statutory grounds in ORS 240.555: misconduct, malfeasance, indolence, insubordination, incompetency, inefficiency or other unfitness to render effective service. Additionally, an agency must follow State HR Policy 70.000.02 Management Service Discipline and Dismissal and State HR Policy 50.030.01 Restoration of Removed Management Service Employees.
 
Management Service Employees with Prior Classified Service
For employees with prior classified service that does not immediately precede their current position, check the appropriate CBA for possible return rights to a classified position.
 
Management Service Employees Without Prior Classified Service
For employees being disciplined or dismissed with no immediate prior classified service, ORS 240.570(3) “inability or unwillingness to fully and faithfully perform” applies. Additionally, an agency must follow State HR Policy 70.000.02 Management Service Discipline and Dismissal.
 
 

UNCLASSIFIED SERVICE EMPLOYEES
 
Unclassified Service Employees, Generally
For unclassified service employees, there is no disciplinary standard that applies. The employee can be terminated at any time for any reasons except an illegal reason. Follow State HR Policy 40.035.01 Unclassified Service Employment and Termination.
 
Unclassified Service Represented Employees
In the event an unclassified service employee is in a bargaining unit that includes or consists of unclassified employees, e.g., physicians, the appropriate CBA disciplinary standards must be followed.
 
 

EXEMPT SERVICE EMPLOYEES (ORS 240.200, not to be confused with FLSA exempt employees)
 
For exempt service employees, usually there is no disciplinary standard. However, there may be statutory restrictions on ending the appointment early.  If dealing with an appointed exempt official, contact DOJ Labor and Employment at 503-947-4600. Additionally, some employees exempt from the Merit System are covered by their agency’s personnel rules.
 
 

CONTACT INFORMATION
 
If contemplating discipline of a represented employee contact the DAS Labor Relations Unit.
 
If contemplating discipline of an employee other than represented contact DAS Human Resource Policy Unit.
 
In certain situations, the agency may wish to contact the Department of Justice Labor and Employment Section, at the agency’s expense, at, 503-947-4600.