Gross Misconduct Dismissal Letter Template (Page 2 of 3) in pdf

All property belonging to the State of West Virginia, which you have under your control or in

your personal possession, must be returned and delivered to the control of [name], [title],

immediately, or at a mutually agreed upon date, time, and location. Such property shall include,

but not be limited to: keys to any State offices, access cards, and identification cards. You are to

clear your office and desk of all personal effects by [time] today. You are not to enter the non-

public areas of the [agency/department name] offices without prior authorization from me or

an agent of my office.

The State of West Virginia and its agencies have reason to expect their employees to observe a

standard of conduct which will not reflect discredit on the abilities and integrity of their

employees, or create suspicion with reference to their employees’ capability in discharging

their duties and responsibilities. I believe the nature of your gross misconduct in [details] is

sufficient to cause me to conclude that you did not meet an acceptable standard of conduct as

an employee of [agency/department name], thus warranting your dismissal.

§6C-2-1 et seq., the West

For any appeal rights you may have, please refer to W. V

. C

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Virginia Public Employees Grievance Procedure. If you choose to exercise your grievance rights,

you must submit your grievance, on the prescribed form, within fifteen (15) working days of the

effective date of this action, to [name and address of Chief Administrator] at Level One of the

Procedure. As provided in the statute, you may proceed to Level Three of the Procedure by

filing your grievance directly with the Public Employees Grievance Board upon the agreement

of the chief administrator, or when dismissed, suspended without pay, or demoted or

reclassified resulting in a loss of compensation or benefits. You must provide copies of your

grievance accordingly to the Public Employees Grievance Board at 1596 Kanawha Boulevard,

East, Charleston, West Virginia, 25311; [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. 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.

If you should file a grievance, you may 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). If you do not prevail in

ODE

the grievance, and have elected to continue your coverage for these additional months, you will

be required to reimburse the total premium for the months during which you continued

coverage. Additionally, under the 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 premium information. Other health coverage options

may be available to you, including coverage through the Health Insurance Marketplace. Visit

or call 1-800-318-2596 for more information. [Make sure to provide the

full COBRA notice to the employee along with the other separation forms. More information,

including model notices, is available on the U.S. Department of Labor web site at

Gross Misconduct Dismissal Letter Template Page 2

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