HR Policy and Procedure #12 Separation from Employment Revised May 02, 2023

Purpose
The University hires staff employees to work an indefinite period of time; however, University employment is at will.
Policy

1. Regular staff employment termination may be initiated at any time by either the employee or by the University in accordance with this policy.
2. Temporary employment is also at will; these employees may be separated from employment for any reason. That separation is subject to review by the  Vice President of Human Resources, or designee.
3. Employees may be separated from employment voluntarily or involuntarily.
4. An employee voluntarily separating from employment shall be required to give and fulfill the proper notice period in order to separate in good standing. Generally the notice period is two weeks for nonexempt (hourly) and 4 weeks for exempt (salaried) employees. This requirement may be waived by the supervisor or appropriate department official. Note: Employee should refer to their department management for specific guidance on the required notice period for their assigned position.

Note: Separating in good standing affects eligibility for future employment with the University and Terminal Vacation pay. An employee who does not separate in good standing is not eligible for re-hire in any capacity within the University and is not eligible for Terminal Vacation pay.
Termination of Employment

1. Any termination or corrective action of a staff employee shall be in consideration of the nature and severity of the issue.
2. Grounds for termination for misconduct, which may be immediate, include, but are not limited to the following:
   1. Insubordination, which includes unwillingness to perform assigned duties;
   2. Violation of University or department rules;
   3. Falsification of the employment application, 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 unlawful possession of a deadly weapon on University property or on University business, other than by an authorized employee (i.e., police, 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 unauthorized use or consumption of, while on the job or University property;
   10. Alcohol abuse, or the influence thereof, or unauthorized consumption of, while on the job or on University property;
   11. Acts which constitute a violation of local, state or federal law while on the job or on University property;
   12. Incarceration in jail following a conviction by a court of law which results in missing at least five consecutive working days;
   13. Job abandonment;
   14. Any action, creation or participation in a situation which recklessly or intentionally endangers mental or physical health or involves the forced consumption of drugs or alcohol for the purpose of initiation into or affiliation with any organization;
   15. Fighting, physical assault, physical violence or the threat of physical violence while on the job; or
   16. Other misconduct while on the job or on University property (e.g., sleeping while on the job, theft, and any other misconduct not identified specifically in this or any other HR Policies and Procedures).
3. Termination of regular employees for the reasons stated below requires documentation of performance issues. Grounds for termination 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. Failure to act in a courteous or appropriate manner toward the public or University employees,
   4. Excessive or unauthorized absences or tardiness, or
   5. Failure to appropriately inform the unit, department head or supervisor of absences or expected tardiness.

   6. Bullying.

       

      Note: Bullying is unwanted offensive and malicious behavior that undermines an individual or group through persistently negative attacks. The behavior generally includes an element of vindictiveness, and is intended to undermine, patronize, humiliate, intimidate or demean the recipient.

4. Prior to the termination of a regular employee for reason(s) covered in this policy, the supervisor or appropriate department official shall consult with Employee Relations. If personnel in this department are unavailable, the employee shall be suspended pending review of the situation with Employee Relations. Generally, non-exempt employees are suspended without pay and exempt employees are suspended with pay.

Layoff

1. A layoff is a separation from employment when recall of the regular employee is anticipated within one year. Layoff of a regular employee may be necessary because of the following:
   1. Lack of work,
   2. Lack of funds to continue the position, or
   3. Other reasons leading to a reduction in force.
       
2. A minimum notice of one pay period shall be given to an employee prior to layoff.
3. Authority for layoff lies with the Provost or appropriate Executive Vice President after consultation with Employee Relations. 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 employee;
   2. The employee’s work performance, e.g., consideration given to documentation of performance; and/or
   3. The employee’s length of service.

 
 
Position Elimination

1. A regular position may be eliminated due to loss of funds or organizational changes which necessitate the elimination of the position.
2. A minimum notice of one pay period shall be given to an employee prior to the separation.
3. Authority for position eliminations lies with the Provost or appropriate Executive Vice President after consultation with Employee Relations. Decisions for position eliminations 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 employee;
   2. The employee’s work performance, e.g., consideration given to documentation of performance; and/or
   3. The employee’s length of service.

Note:  In the case of a layoff or position elimination the staff employee shall, if recalled or rehired, be eligible for reinstatement in accordance with HRP&P 15.0 Reinstatement.
Process
Authority for separating employees from the University employment lies with the Provost or the appropriate Executive Vice President in coordination with Human Resources.
Employee Separation Sheet

1. The Employee Separation Sheet shall be initiated by the department head as soon as the date of separation is determined. The form shall state
   1. The actual last day worked;
   2. The reason for separation; and
   3. Amount of terminal vacation, if any.
       
2. The department shall complete applicable sections of the form at the time the employees gives or is given notice of separation. Any letters of resignation or memorandums shall be submitted with the form.
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.
4. The Employee Separation Sheet shall be retained in the department, a copy given to the employee and two copies forwarded to the Human Resources Office of Compensation.

Separation

1. A Payroll Authorization Form (PAR), if needed, or an action in Human Resources and a separation sheet shall be initiated to remove an employee from payroll records and the active personnel files. The separation sheet shall immediately be forwarded to Human Resources on the date of separation.
   Note: The expiration of a valid payroll date shall stop the employee’s pay, but does not separate the person from Human Resources files or the payroll department.

2. The Employee Separation Sheet is required when an employee has separated from the University. Failure to process this document as soon as the separation date occurs may result in unnecessary costs (unlawful payment of wages and benefits, unemployment, etc.) to the University.

    

   Note:  It is recommended that a staff employee separating from the University consult with the Employee Benefits Office to determine continuing eligibility for Employee Benefits Plans.

Forms
Employee Separation Sheet