36.380. Dismissal of employee--notice, how given--approval for reemployment, when. - Missouri Statutes

Dismissal of employee--notice, how given--approval for reemployment,when.

36.380. An appointing authority may dismiss for cause anyemployee in his division occupying a position subject hereto whenhe considers that such action is required in the interests ofefficient administration and that the good of the service will beserved thereby. No dismissal of a regular employee shall takeeffect unless, prior to the effective date thereof, theappointing authority gives to such employee a written statementsetting forth in substance the reason therefor and files a copyof such statement with the director. When it is not practicableto give the notice of dismissal to an employee in person, it maybe sent to the employee by certified or registered mail, returnreceipt requested, at his last mailing address as shown in thepersonnel records of the appointing authority. Proof of refusalof the employee to accept delivery or the inability of postalauthorities to deliver such mail shall be accepted as evidencethat the required notice of dismissal has been given. If thedirector determines that the statement of reasons for thedismissal given by the appointing authority shows that suchdismissal does not reflect discredit on the character or conductof the employee, he may, upon request of the employee, approvereemployment under section 36.240, in any class in which theemployee has held regular status. Any regular employee who isdismissed shall have the right to appeal to the board as providedunder section 36.390.

(L. 1945 p. 1157 § 37, A.L. 1973 1st Ex. Sess. H.B. 8, A.L. 1977 S.B. 98)