Office of Human Resources - HR Advisor
Termination
Involuntary Terminations
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| POLICIES SPP 701-01: Sick Leave SPP 702-01: Vacation Leave SPP 1011: Involuntary Termination Vacation/Compensatory Time Termination Worksheet |
Policy SPP 1011 applies to involuntary terminations of classified, service professional and administrative employees.
Resignation in Lieu of Involuntary Termination
Eligible employees being terminated may have the option to resign in lieu of being involuntarily terminated. This option is at the discretion of the appropriate administrative official. If the resignation is accepted, it should be submitted and accepted in writing.
NOTE: An employee who resigns in lieu of termination will not be considered eligible for rehire, without an administrative determination by HR in consultation with the appropriate department.
Payment of Wages of Discharged Employees
Employees involuntarily terminated will be paid wages due within three working days or the end of the next regular pay period, whichever comes first.
Frequently Asked Questions
Probationary Terms
Explain what Termination of Probationary Employees means.
Regular classified employees hired at 50% or more into a position within the Arizona Universities Classification/Compensation System (AUCCS) and expected to be employed for 6 months or more.
What is the Probationary Period?
The probationary period is six months from the date of hire for all classified employees.
EXCEPTION: Employees assigned to police and security positions in the ASU Department of Public Safety are subject to a 12-month probationary period that begins on the date of hire.
What rights do probationary employees have when being terminated?
Employees terminated during the probationary period do not have rights to a pre-termination hearing, an appeal or reason for termination.
When can a notice of termination be given?
Although a two-week's notice is recommended, advance notice is not required.
NOTE: The two-week notice period cannot extend the employee's employment past the probationary end date.
What happens during the two-week notice period?
The employee usually will be expected to work; however, the employee could be placed on administrative leave at the discretion of the administrative official.
What happens to an employee's accrued leave upon termination?
If an employee is placed on administrative leave, unused accrued vacation is paid as a part of their notice period. If the employee works during the notice period, the unused accrued vacation will be added to the employee's final check.
Sick leave is not paid out; however, if rehired by the University within 12 months from termination date, sick leave hours may be credited.
When will I get my final paycheck?
Based on the effective date, wages will be paid within three working days.
Can I apply for other ASU jobs if my probationary period is not over?
Yes, there are no restrictions on applying for other jobs.
Frequently Asked Questions
Termination for Cause
What is termination for cause?
Cause is defined as:
- Failure to possess a valid and current Arizona driver's license if it is required as a job qualification and/or as a condition of employment.
- Committing or authorizing an act of 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.
Failure of classified employees to respond to progressive discipline. - Unlawful discriminatory conduct, such as sexual/racial harassment that has been substantiated by the Office of Diversity.
- Any falsification, misrepresentation, or omission of requested information for employment.
Who can be terminated for cause?
Regular classified employees, service professionals and administrative employees during their appointment period can all be terminated for cause.
What are the guidelines for providing a notice of intent to terminate?
A supervisor must give a two-week notice before termination. The employee will receive two weeks' worth of salary from the first day of notification of intent to terminate, provided the termination is upheld. The employee usually will be expected to work; however, an employee may be placed on administrative leave during this period at the discretion of the administrative official.
Does an employee terminated for cause have any rights?
Yes, they have a right to a pre-termination hearing before the termination's effective date. An employee may waive the right to this hearing by indicating this decision on the hearing notification letter. Failure to appear at the hearing also constitutes a waiver of this right. If this right is waived, the decision of the supervisor will stand.
What is a pre-termination hearing?
It is an opportunity to voice concerns regarding the termination. A formal policy review is completed by an appointed officer.
What happens if the termination is not supported?
The employee is reinstated to their position including any disciplinary actions held at the time of the termination notice.
What happens to accrued leave?
Accrued vacation hours are paid to the employee at the employee's current rate of pay. However, sick leave is not.
When is a final paycheck issued?
Within three working days, based on the effective date of termination.
Can I apply for other ASU positions?
No. If you are terminated for cause (or resign in lieu of termination), you are not considered eligible for rehire, unless Human Resources and the terminating department make an administrative determination.
Frequently Asked Questions
Position Abandonment
Who can be terminated for position abandonment?
Regular classified employees, service professionals and administrative employees during their appointment period can be terminated for position abandonment.
When is a position considered abandoned?
When an employee who is not on an approved leave does not report to work for three or more consecutive working days.
What happens if an employee abandons their position?
A letter is sent to the employee requesting one of the following actions within two working days from receipt of the letter:
- Report to work
- Request leave if accrued leave is available or unpaid leave has not been exhausted
- Request a pre-termination hearing or waive the right to a hearing.
Failure to return to work or request leave will result in termination.
Is there a paid termination notice period?
No. Employees who are involuntarily terminated for position abandonment are not entitled to any additional pay.
Does an employee who is being terminated for position abandonment have any rights?
Yes. The employee can request a pre-termination hearing or waive the right to a hearing.