8-30-312 - Probationary period Removal during period.
8-30-312. Probationary period Removal during period.
(a) Every person appointed to a position in the career service, after certification of such person's name from a promotion list or an employment list, shall be subject to a probationary period of employment. The probationary period shall commence immediately upon appointment and shall continue for such time, not less than six (6) months, as shall be established by the commissioner. At any time during the employee's probationary period, after the first month thereof, the appointing authority may remove the employee if, in the opinion of the appointing authority, the employee's work during the probationary period indicates that such employee is unable or unwilling to perform duties satisfactorily, or that the employee's habits and dependability do not merit continuance in the service. Upon such removal, the appointing authority shall forthwith report to the commissioner and to the employee removed such action and reason therefor. No more than three (3) employees shall be removed successively from the same position during their probationary periods without the approval of the commissioner.
(b) The commissioner may remove an employee during the employee's probationary period, if the commissioner finds, after giving the employee notice and an opportunity to be heard, that such employee was appointed as a result of fraud or error.
[Acts 1939, ch. 221, § 21; C. Supp. 1950, § 1034.43 (Williams, § 423.24u); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3212.]