Termination of Employment
4.300 TERMINATION OF EMPLOYMENT
Terminations are to be treated in a confidential, professional manner by all concerned. Under the termination policy, employees will be treated uniformly according to their status. The status determines how pay and benefits (if any) are applied at termination. These statuses are as follows:
- Probationary employees are those employees who are within the initial 180 days of employment. The employee may resign or be released at any time during the initial 180-day period.
- Temporary employees are those hired for a clearly defined and limited period of time.
- Regular part-time employees work less than 37 ½ hours per week on a regular and continuing basis.
-
Regular full-time employees work a minimum of 37 ½ hours a week on a regular and continuing basis.
Termination for cause may occur immediately - dependent on the severity of the problem - or may occur after some or all of the established performance counseling process has been completed. Examples of reasons for termination for cause include:
- falsification of information on the employment application;
- misconduct during work performance to include violation of College work rules and policies;
- theft of College property, student property, or fellow employee's property;
- falsification of College records;
- excessive absenteeism, tardiness or misuse of excused absences;
- destruction of company property;
- refusal to carry out work that has been assigned by the supervisor to the employee and is clearly a part of the position description, outright refusal to follow the College's established procedures, or verbal insults made to the manager or about the manager to other employees;
- dishonest or unethical conduct;
- use of illegal drugs;
- use of alcohol while on the job;
- carrying a weapon, concealed or otherwise, while working;
- endangering the health and safety of others.
This list is not all-inclusive,.
No termination for cause will occur until such time as consultation takes place with the Director of Human Resources and the appropriate senior administrator. It may also be necessary to consult with the President before any action is taken.
Reduction in work force occurs because of significant financial status changes, significant program changes, or simply greater efficiency within the College. The College will make all reasonable efforts, including transfers and reduced work hours for employees where feasible, to prevent reductions in the total work force. The College, however, retains the right at its sole discretion to reduce the work force, either temporarily or permanently, because of changes in financial status, significant program changes, or to improve efficiency. Reduction-in-force guidelines include:
- Employees must be given at least two weeks notice.
- The college will not subject regular staff employees to a reduction-in-force while there are temporary or probationary employees engaged in similar work in the same department.
- Reductions-in-force must be conducted in a non-discriminatory manner, and should not be used as a substitute for disciplinary measures.
- Steps to be considered when determining which employees shall be terminated:
- Analyze the acquired knowledge, demonstrated skills, and versatility of employees compared to the work to be done and available funding. Employees lacking the necessary skills and versatility should be considered for reduction first.
- Analyze the level of demonstrated work performance. Employees with a consistently low level of performance should be considered for reduction first.
- Look at the length of service of employees. Those with the fewest years of service should be considered for reduction first.
- Analyze the extent of required training needed to train an employee to be fully productive in a different position. Employees requiring substantial training should be considered for reduction first.
- Rehiring of employees terminated as a result of a reduction-in-force will be in reverse order of layoff when a similar job becomes available in their former department within one year from the date of termination.
- Employees terminated as a result of a reduction in force and rehired within one year will be credited with:
- Previous service for the purpose of determining vacation leave accrual rates
- Emergency leave hours accumulated prior to the reduction
- To the extent possible, the college will assist terminated employees in searching for other employment.
- For one year, the College will maintain a list of terminated employees and they will be treated as internal applicants for any positions that become vacant.
A severance allowance will be provided to an employee affected by a reduction-in-force as follows:
Length of Service |
|
Amount of Severance |
0-5 years |
|
.5 months of pay |
6-10 years |
.75 months of pay |
|
11-15 years |
1 month of pay |
|
16-20 years |
1.25 months of pay |
|
over 20 years |
1.5 months of pay |