Policy 64: Termination of Career Employees - Professional and Support Staff

NOTE: The following procedures supplement Personnel Policy 64. Each section should be read with the related policy section (At Your Service).

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 Consultant.

B.WRITTEN WARNING

Please refer to Policy 62: Corrective Action.

C. NOTICE AND DECISION

l. Written Notice of Intent to Terminate (see sample letter)

a. The letter must:

1) Cite the policy (Policy 64) 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 D)

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 should 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

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 64) 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.

D. PAY IN LIEU OF NOTICE

It is recommended that the department head or designee consult with the department's Employee Relations Consultant to discuss circumstances in which no notice, or pay in lieu of notice, would be appropriate.

SAMPLE LETTER: NOTICE OF INTENT TO TERMINATE

[Employee's Name]
[Campus or Home Address]

Dear [Employee's Name]:

In accordance with Policy 64, 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 your [list performance deficiencies and/or unacceptable behavior].

Previously, detailed reviews of expectations regarding your [performance and/or conduct] were undertaken to ensure that you understood the requirements of your position. They were discussed with you orally [list dates, if available] and in writing [list dates of performance appraisals, counseling memos, and corrective actions; attach copies]. However, you have continued to fail to meet these expectations [list infractions since last corrective action].

Your [performance/behavior] has had a serious negative impact on our operation, and can no longer be tolerated.

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 64
[Documents referenced in letter]
Proof of Service

cc: Department Personnel File
Reviewer
Department Head
Department Personnel Manager
Employee Relations Consultant
Employee's Representative, if any

SAMPLE LETTER: TERMINATION

[Employee's Name]
[Campus or Home Address]

Dear [Employee's Name]:

In accordance with Policy 64, 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 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 64
[Documents referenced in letter]
Proof of Service

cc: Department Personnel File
Reviewer
Department Head
Department Personnel Manager
Employee Relations Consultant
Employee's Representative, if any