Staff Personnel Manual (SPP)

Effective: 4/1/1980

Revised: 7/1/2007

SPP 1011: Involuntary Termination

Purpose

To define the process for involuntary termination

Sources

Arizona Revised Statutes § 23–353

University policy

Applicability

Classified, service professional, and administrative employees

Policy

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Termination of Probationary Employees

Regular classified employees may be terminated within the probationary period with no right to a hearing, an appeal, or reasons for the termination.

If the decision is made to terminate a probationary employee within the probationary period, the supervisor should provide the employee two weeks’ notice before termination. However, advance notice is not required. The two weeks’ notice must not extend the employee’s employment past the probationary date. Two weeks’ pay may be given in lieu of notice. Probationary classified staff terminated during the probationary period, will be compensated for accrued vacation as part of their notice period.

The employee usually will be expected to work during these two weeks. However, an employee may, at the administrative official’s discretion, be placed on leave with pay for the two-week period.

Exception

ASU Police Department employees who successfully completed their initial one-year probation period and are consequently serving a six-month promotional probation following promotion, to senior police officer, sergeant, or classified lieutenant may return to their former classification if requested or if the six-month promotional probation is not satisfactorily completed.

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Involuntary Termination for Cause

Nonprobationary regular classified employees and service professional and administrative employees during the appointment period may be terminated for cause. Cause is defined as:

1. failure to possess a valid and current Arizona driver’s license, if required as a job qualification and/or as a condition of employment
2. commission of a grave offense, which is normally one that could result in injury or loss of life, limb, or property; impairment of university operations; or willful, malicious, or serious disregard of university policies or rules
3. failure of classified employees to respond to progressive discipline
4. unlawful discriminatory conduct including sexual/racial harassment that has been substantiated by the Office of Diversity, Human Resources,

   or

5. any falsification, misrepresentation, or omission of requested information for employment.

Service professional and administrative employees may be removed by the president from their assignment at any time, but may not be dismissed during an appointment period without reason (see SPP 302, “Conditions of Administrative Service at ASU”) and (SPP 320, “Conditions of Service Professional Service at ASU”). Before initiating termination action with the employee, the supervisor must obtain approval of the administrative official and coordinate the intended termination with Human Resources (HR).

An employee will be given two weeks’ termination notice. The employee usually will be expected to work during these two weeks. However, an employee may, at the administrative official’s discretion, be placed on administrative leave with pay during this period.

An employee being terminated for cause has a right to termination hearing before the effective date of termination. A termination hearing, under SPP 809, “Discipline,” will be held during the two weeks. In this case, the employee will be paid two weeks’ salary from the first day of the notification of intent to terminate, provided the termination is upheld.

The supervisor should coordinate the intended termination with HR, notify the employee of the proposed involuntary termination and its effective date, confirm in writing the termination and the employee’s right to a hearing, and notify the campus Office of the Director of Human Resources to schedule a termination hearing (see SPP 809, “Discipline”).

Classified, service professional, and/or administrative employees who are terminated for cause or resign in lieu of termination will not be considered eligible for rehire, absent an administrative determination by HR in consultation with the terminating department.

Limited Employees

Employment may be terminated at any time during the employee’s appointment period. No advance notice is required.

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Involuntary Termination for Position Abandonment

Administrative officials may terminate an employee who has abandoned his or her position. A position will be considered abandoned when an employee has not reported for work for three or more consecutive working days and is not on an approved leave. An employee who is terminated involuntarily because of position abandonment is not entitled to two weeks’ pay.

If an employee has not reported to work for three consecutive days, the administrative official must send a certified letter, return receipt requested, or hand deliver a letter stating that within two working days of receipt of the letter, the employee must:

1. report to work

   or

2. request leave if accrued leave is available or if unpaid leave has not been exhausted

   or

3. request a termination hearing (or waive his or her right to a termination hearing).

Note:

The letter also must state that failure to return to work or request leave will result in termination and must state the effective date of termination.

The administrative official may approve, modify, or disapprove the leave request. Refer to SPP 705–01, “Extended Leave of Absence.” Prior to disapproval, confer with HR. If the employee requests a termination hearing, notify the campus Office of the Director of Human Resources to schedule a termination hearing (see SPP 809, “Discipline”).

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Involuntary Termination for Reduction in Force

Classified employees may be laid off or terminated in accordance with SPP 213, “Reduction in Force.” All proposed reductions in force require prior approval by the Procedural Review Board and the appropriate vice president/vice provost.

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Resignation in Lieu of Involuntary Termination

Eligible employees being terminated may have the option of resigning in lieu of being involuntarily terminated, at the discretion of the administrative official.

If the resignation is accepted, it should be submitted and accepted in writing. However, an employee who resigns in lieu of termination will not be considered eligible for rehire, absent an administrative determination by HR in consultation with the terminating department.

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Payment of Wages of Discharged Employees

Employees who are involuntarily terminated will be paid wages due within three working days or the end of the next regular pay period, whichever is sooner.

Cross-References

For related information, see SPP 705–01, “Extended Leave of Absence.”

For further information about termination, see:

1. SPP 213, “Reduction in Force”
2. SPP 302, “Conditions of Administrative Service at ASU”

3. and

4. SPP 320, “Conditions of Service Professional Service at ASU.”

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