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Separation from Employment

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12.1 Policy
  12.1.1 The University hires staff employees to work an indefinite period of time. University employment is at will.
    12.1.1.1 Regular staff employment termination may be initiated at any time by either the employee or by the University in accordance with the procedures within these policies.
    12.1.1.2 The employment of persons who are hired as temporary employees is at-will; these employees may be separated from employment for any reason. That separation is subject to review and approval of the Director of Human Resource Services, or designee.
    12.1.1.3 Staff employees may be separated from employment voluntarily through resignation or job abandonment, or involuntarily through dismissal or layoff, or abolition of the position.
    12.1.1.4 A staff employee voluntarily separating from employment shall be required to give advance notice of two (2) weeks for nonexempt and four (4) weeks for exempt employees, in order to be separated in good standing. This requirement may be waived by Human Resources. Separating in good standing affects eligibility for subsequent employment consideration at the University (see HRP&P 15.0) and for terminal vacation pay (see HRP&P 81.0).
  12.1.2 Any dismissal, suspension, or discipline of a staff employee shall be with consideration of the nature and severity of the act or problem.
  12.1.3 Grounds for dismissal for misconduct, which may be immediate with due consideration to the nature and severity of the act or problem, include, but are not limited to, the following:

  1. Insubordination, which includes, but is not limited to unwillingness to perform assigned duties;
  2. Violation of University or department rules;
  3. Falsification of the application for employment, time records, or other University records;
  4. Any act which serves to defame or malign the reputation of the University;
  5. Dishonesty on the job;
  6. Imperiling the safety of University employees or the public, or possession of a deadly weapon on University property or while on University business other than by a staff employee authorized to possess a deadly weapon, i.e., police or security or military personnel;
  7. Gambling on University property or while on the job;
  8. Negligent destruction of University property;
  9. Drug abuse, or the influence thereof, or the unauthorized use or consumption of, while on the job or while on University property;
  10. Alcohol abuse, or the influence thereof, or the unauthorized use or consumption of, while on the job or while on University property;
  11. Acts which constitute a violation of local, state, or federal law on University property or while on the job;
  12. Incarceration in jail following a conviction of a misdemeanor or felony by a court of competent jurisdiction, which results in missing at least five (5) consecutive working days (see note below);
  13. Job abandonment (see following note. Also, see HRP&P 70.3.1.2.2);
  14. Any action or creation or participation in a situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of liquor or drugs for the purpose of initiation into or affiliation with any organization;
  15. Fighting, physical assault, physical violence or the threat of physical violence on University property or while on the job; or
  16. Other misconduct on University property or while on the job.
  NOTE: Misconduct items l. and m. are considered to be acts which the employee ultimately has control over and, therefore, are voluntary. An Employee Separation Sheet (see 12.4.1) shall indicate separation for these reasons (items l. and m.) as a Voluntary Quit.
  12.1.4 Dismissal of a regular staff employee for reasons stated in this paragraph requires documented performance as outlined in HRP&P 62.0. These grounds for dismissal or other corrective action may include, but are not limited to, the following:

  1. Failure or neglect to perform assigned duties;
  2. Inappropriate or unsuitable job performance;
  3. Inability to perform assigned duties;
  4. Failure to act in a courteous or appropriate manner toward the public or University employees; or
  5. Excessive absences or tardiness;
  6. Failure to appropriately inform the unit/department head or supervisor of absences or expected tardiness.
  12.1.5 When a regular staff employee commits an offense under 12.1.3, or when a regular staff employee commits an offense under 12.1.4 after appropriate corrective action has been taken under HRP&P 62.0, and an appropriate supervisory official judges that the offense warrants dismissal, the official shall immediately consult with the Director of Human Resource Services, or designee. If the Director of Human Resource Services, or designee, is not available, the official shall immediately suspend the employee without pay, pending review. Dismissal is subject to a review for reasonable grounds by the Director of Human Resource Services, or designee, or for employees of a community college by the president of that community college.
  NOTE: Any of the steps of progressive correction as outlined in HRP&P 62.0, i.e. oral warning, written warning, probation, or suspension, may be omitted, depending on the nature and severity of the act or problem (see HRP&P 62.1.2). Unit/department heads and supervisors are advised to consult with the Employee Relations Office of Human Resource Services for assistance in this process.
  12.1.6 A layoff is a separation from employment when a recall of the regular full-time or half-time staff employee is reasonably anticipated within one year (see HRP&P 15.0). Separation when a recall of the regular full-time or half-time staff employee within one year is not reasonably anticipated, is a termination of employment, in accordance with 12.1.7. Layoff of regular full-time or half-time staff employees may be necessary because of the following:

  1. Lack of work;
  2. Lack of funds to continue the position; or
  3. Any other reason leading to a reduction of staff employees.
    12.1.6.1 At a minimum, notice of one pay period shall be given to an affected staff employee prior to layoff.
    12.1.6.2 Authority for layoff is vested with the Provost, or the appropriate vice president after consultation with the Director of Human Resource Services. Decisions for layoffs shall be based on the following factors:

  1. The type of work, e.g., the specific individual job description of the position currently held by each staff employee;
  2. The employee’s work performance, e.g., consideration given to documentation of performance; or
  3. The employee's length of service.
    12.1.6.3 In case of layoff the staff employee shall, if recalled, be eligible for reinstatement (see HRP&P 15.0: Reinstatement).
    12.1.6.4 It is recommended that a staff employee selected for layoff consult with the Employee Benefits Office to determine continuing eligibility for Employee Benefits Plans.
  12.1.7 A regular position may be abolished due to loss of funds or due to changes which necessitate elimination of the position.
    12.1.7.1 A staff employee separating as a result of abolishment of the position shall be notified at least one (1) pay period in advance of separation.
  NOTE: A staff employee selected for layoff or whose position is abolished may seek a transfer by contacting the Employment Office of Human Resource Services.
    12.1.7.2 Upon notice of the abolition of a position, it is recommended that a staff employee consult with the Employee Benefits Office to determine continuing eligibility for Employee Benefits Plans.
12.2 Delegation
  Authority for separating employees from University employment is vested with the Provost or the appropriate vice president in coordination with Human Resource Services.
12.3 Procedure
  12.3.1 The Employee Separation Sheet shall be initiated by the department head for every staff employee as soon as the date of separation is determined. The form shall state the actual last day worked; the form shall state the reason for separation; and the form shall state the terminal vacation leave, if any. In all cases, the date of separation shall be the last day the employee actually worked even when terminal vacation pay may be granted (see HRP&P 81.0).
  12.3.2 Employee Separation Sheet
    12.3.2.1 The department head shall complete applicable sections of the Employee Separation Sheet at the time the employee gives or is given notice of termination. If the employee is leaving voluntarily, a letter of resignation stating the reason for leaving and last day of work may be submitted with the Employee Separation Sheet. If the employee is leaving involuntarily and a letter or memorandum has been written by the department head, that letter and any documents related to the corrective action shall be submitted with the Employee Separation Sheet.
    12.3.2.2 The Employee Separation Sheet shall contain complete details surrounding the separation including all reasons for leaving, the last day physically on the job, and terminal vacation, if any, shown separately.
    12.3.2.3 The Employee Separation Sheet shall be discussed with the employee by the supervisor and signed by the supervisor. The employee shall be requested to sign the Employee Separation Sheet. The employee's signature notes knowledge of and not necessarily agreement with the content of the Employee Separation Sheet.
    12.3.2.4 A copy of the Employee Separation Sheet shall be retained in the department, one copy given to the employee, and two copies forwarded to the Compensation Office of Human Resource Services.
    NOTE: Timely completion and submission of Employee Separation Sheets is imperative for compliance with federal and state laws.
  12.3.3 Separation
    12.3.3.1 A Payroll Authorization Record (PAR), if needed, or an action in Human Resource Services and a separation sheet shall be initiated to remove an employee from payroll records and the active personnel files. The Employee Separation Sheet shall immediately be prepared and forwarded to Human Resources on the date of separation.
    12.3.3.2 The expiration of a valid payroll date shall cease the employee's pay but in no way terminates the person from the files of the Human Resource Services or payroll department.
    12.3.3.3 The preparation of the Employee Separation Sheet is essential and strictly required whenever an employee has, in fact, separated. Failure to prepare and process this document as soon as the separation date is known may result in unnecessary unemployment costs to the University.
12.4 Forms
  12.4.1 Employee Separation Sheet
  12.4.2 PAR
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