BERKELEY
CAMPUS POLICY/PROCEDURE
PERSONNEL POLICIES FOR STAFF MEMBERS
65: TERMINATION OF CAREER EMPLOYEES-MANAGERS AND SENIOR PROFESSIONALS
NOTE: THE FOLLOWING PROCEDURES SUPPLEMENT PERSONNEL POLICY 65. EACH SECTION SHOULD BE READ WITH THE RELATED POLICY SECTION.
A. GENERAL
When the department head or designee considers termination of a career employee, it is recommended that the department head or designee consult with the department's Employee Relations Specialist.
| Decision-making authority: | Sections
A, B, and C: Department head or designee Section D: Control unit head or designee |
| Resources: Employee | Relations
Specialist Department Personnel Manager |
| Duration: | Records of termination shall be retained for five years after separation. |
B. NOTICE AND DECISION
l. Written Notice of Intent to Terminate (see sample letter)
a. The letter must:
1) Cite the policy (Policy 65) under which the intended termination is being taken
2) State the intended termination
3) State the reason for the intended termination
4) State the effective date of the intended termination, and whether the employee will receive pay in lieu of notice (see Section C)
5) State the employee's right to respond, orally or in writing, within eight calendar days of date of issuance, and to whom a response may be directed
6) Include a copy of the materials on which the intended termination is based
b. The letter must be delivered with proof of service.
c. A copy of the letter, the proof of service, and all attachments must be placed in the employee's departmental personnel file.
2. Notice of Termination or other decision (see sample letter)
a. The letter should state the reasons for the decision, and should address the issues raised in the employee's response (if any).
b. The letter must:
1) Cite the policy (Policy 65) under which the termination is being taken
2) State the action (termination or other)
3) State the effective date of the action
4) State that a second notice of intent is NOT required, if the action is a modification of what was stated in the notice of intent to terminate
5) State the employee's right to review under Policy 70: Complaint Resolution
c. The letter must be delivered with proof of service.
d. A copy of the letter, the proof of service, and all attachments must be placed in the employee's departmental personnel file.
C. PAY IN LIEU OF NOTICE
It is recommended that the department head or designee consult with the department's Employee Relations Specialist to discuss circumstances in which no notice, or pay in lieu of notice, would be appropriate.
D. TERMINATION ASSISTANCE
The decision-making authority for termination assistance is the control unit head or designee.
SAMPLE LETTER: NOTICE OF INTENT TO TERMINATE
[Employee's
Name]
[Campus or Home Address]
Dear [Employee's Name]:
In accordance with Policy 65, this is a notice of intent to terminate you from University employment effective [date, consistent with policy/procedure guidelines]. This intended termination is based on [specific reasons why needs or resources of the department, or employee's performance and/or conduct, do not justify continuation of the employee's appointment].
[If intended termination is related to employee's performance deficiencies and/or misconduct, explain and provide copies of materials upon which the termination is based.]
[If intended termination is based on changing needs or resources of the department, explain and provide supporting materials.]
You have the right to respond to this notice of intent to terminate either orally or in writing, within eight calendar days from the date of issuance. Please direct your response to [reviewer's name, campus address, and campus phone number].
Sincerely,
[Supervisor's
Name]
[Title]
| Attachments: | Policy 65 |
| [Documents referenced in letter] | |
| Proof of Service |
| cc: | Department Personnel File |
| Reviewer | |
| Department Head | |
| Department Personnel Manager | |
| Employee Relations Specialist | |
| Employee's Representative, if any |
SAMPLE LETTER: TERMINATION
[Employee's
Name]
[Campus or Home Address]
Dear [Employee's Name]:
In accordance with Policy 65, this is to inform you of your termination from University employment, effective [date, consistent with policy/procedures guidelines].
[Review information provided in management's notice of intent to terminate and in employee's response, and explain reasons for proceeding with the termination.]
OR
[Indicate no response was provided by employee, and review reason for termination as stated by management in the notice of intent.]
You have a right to request review of this action under Policy 70: Complaint Resolution.
Sincerely,
[Reviewer's
Name]
[Title]
| Attachments: | Policy 65 |
| Notice of Intent to Terminate | |
| Employee's Response | |
| Proof of Service |
| cc: | Department Personnel File |
| Department Head | |
| Supervisor | |
| Department Personnel Manager | |
| Employee Relations Specialist | |
| Employee's Representative, if any |