Tenn. Comp. R. & Regs. 1240-06-05-.04 - DEMOTIONS
(1) If a manager is dedicated to the
appropriate management of his/her facility and is exerting all of his/her
ability to effectively operate the business but is not able to do so because of
the demands of the facility, the Agency has the right to remove the manager
from the facility as opposed to initiating disciplinary action. Prior to any
such removal, documented observations of inadequate performance must be
presented to the manager at least thirty (30) days before any removal can take
place. This will allow the manager the necessary time to make any adjustments,
if any can be made, to improve the efficiency and effectiveness of the
facility's operation.
(a) If, after the
expiration of the allotted time, the circumstances have not changed, the Agency
shall immediately remove the manager from the facility and place him/her on
demotion status and the Ready-for-Employment List. The manager will maintain
all benefits for a period of two (2) years and continue to accrue seniority
during that period of time.
(b) The
manager shall not be eligible to compete for a facility by virtue of the
demotion status if the facility's annual sales exceed eighty-five percent (85%)
of those of the facility from which the manager was demoted.
Notes
Authority: T.C.A. §§ 4-5-201 et seq., 49-11-601 et seq., 71-1-104; 71-1-105(12), and 71-4-604(c); 34 C.F.R. § 395 et seq. and 34 C.F.R. § 395.7 (b).
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