140.0 TERMINATION

INTRODUCTION

The university strives to extend to a separated individual all possible consideration, consistent with integrity, sound business practices, and the university's position regarding nondiscrimination in the employment relationship

PURPOSE

The university, recognizing that conditions arise which result in voluntary or involuntary employee separations, will sever the employment relationship equitably and consistently in accordance with this policy.

SCOPE

All employees separating employment from AUS.

PROCEDURES

Separation of employment is the severance of the employment relationship between the AUS and the individual. It will be regarded as permanent and the individual will, as of the date of separation, forfeit all accrued continuous service and benefits in accordance with other appropriate practices. Should a separated employee be rehired at a later date, he/she will be as a new employee, i.e., not adjustment to records for prior service.

VOLUNTARY TERMINATION

This is a resignation, which is a separation initiated by the employee. The employee should submit a signed and dated resignation letter or statement to his/her immediate supervisor providing at least the notice stated in their contract.

INVOLUNTARY TERMINATION

This is a discharge, which is separation as initiated by AUS for what it considers justifiable reason. Unacceptable job behavior or performance, as determined by management and the inability to perform assigned duties are examples of reason for discharge. The university may terminate the contract (or pay salary in lieu thereof) with specifying reasons by giving notice as stated in the contract.

If the contract is silent, the notice should be given in accordance with the notice periods as follows:

Notice Periods:

The university may terminate an employment contract without giving notice and/or paying end of service benefit in the event of:

· Breach of contract by the employee of any term of the agreement
· Breach of confidentiality or conflict of interest
· Dishonest or unethical conduct
· Failure to carry out the duties required in a diligent and competent manner
· Failure to meet the work standards established for the employee of the position
· Other reasons, if considered necessary in the judgment of AUS

Administration

Review/approval by HRSD: Separations must be reviewed and approved by HRSD prior to being finalized. In potential disciplinary situations, the employee may be suspended with the concurrence of HRSD until all facts are considered.

Documentation of Separation: All separations from AUS will be fully documented in writing. This documentation will detail the events that led up to the separation and the final reason for separation. This documentation is the responsibility of the department from which the employee is separating and should be reviewed with the Director of HRSD. The completion of a Clearance Form (Refer to form FA-HRS-003) is required.

Final Wage Payment: Employees separating from AUS will be paid for all hours worked and for time in lieu of vacation earned but not taken as of the last day worked. Final payment will be made after HRSD receives clearances from all departments, the signed disclaimer statement (Ref. to form FA-HRS-044) and confirmation of visa cancellation for AUS sponsored employees.

Separation: The date of employment separation will be governed as follows:

i. Last Day Worked: The normal date of separation for employees will be the last day actually worked.

ii. Employee's Intent Not to Return to Work: The date of separation for employees who give notice of intent not to return to work while on paid or unpaid authorized leave will be the date such notification is received.

iii. Death: The date of separation for deceased employees is the date of death.

iv. Failure to Return from Personal Leave: The date of separation in the event an employee fails to return from personal leave of absence will be the last day of authorized leave granted.

Separation Processing: When the services of an employee are to be terminated and HRSD has been contacted, the next out processing activity will be accomplished as follows:

i. Exit Interview: All employees to be separated must be referred to HRSD for an exit interview. This is a voluntary interview.

ii. Disposition of Employee Benefits: All employee benefits are automatically cancelled on the employee's effective date of separation. Disposition of benefit plans for employees separating are as follows:

· Group medical insurance: health care benefits terminate on the day of employment separation. (US expatriates will receive an opportunity for continuation in conjunction with U.S. ERISA and COBRA Law).

· Educational Assistance: Reimbursements will not be made to an employee participating in the educational assistance plan who has separated or announced an intent to separate from the university and if paid in total shall be reclaimed pro-rata.

iii. Computer Security: The Information Technology Department initiates the appropriate discontinuance of computer security clearance codes.

Retention of University Properties: Will commence as soon as it is known that an employee will leave AUS, the department head of the affected department will take appropriate steps to prevent the removal of AUS properties to which the terminating employee has access.

i. The department head or appropriate designee will arrange to monitor the removal from AUS premises of personal effects of the terminating employee in order to retain all AUS properties, including equipment, furniture and fixtures, supplies, policy manuals, organization manuals, and all business documents, papers, and files, to which the terminating employee has access.

ii. The department head or a representative from HRSD will collect all AUS-authorized cards (medical insurance, car sticker), as well as the employee's identification card. All such items shall be forwarded to Human Resources Services.

iii. Upon receipt of the aforementioned items, HRSD will arrange the required cancellation of all ID.

Employment Verification: All requests for letters of recommendation or employment verification references required by employees about to separate from employment or who have previously separated from employment with the University will be governed as follows:

i. HRSD will respond to all requests. Any such requests received in other areas shall be forwarded to HRSD for handling.

ii. Information verified and/or provided in response to such requests will be limited to the following:

Verbal Requests: Employment date; job title and department (verification only); separation date (if applicable); some reason for separation (will provide only the following: separated, retired, or deceased).

Written Requests: All information provided/verified in verbal requests, and information regarding earnings, salary and wages, and address will be provided only with signed authorization from the former employee.

iii. Under no circumstances will information regarding performance-related factors be provided to inquiring parties.

Exit Interview: Every employee leaving AUS is to be extended the courtesy of a final interview with a member of management to whom this responsibility has been delegated.

The Exit Interview Form must be completed by the terminating employee's supervisor and submitted to an HRO (Refer to from FA-HRS-001).

Exit Interview Procedure

The exit interview, conducted by the HR Officer or designated staff member, is to be held:

· In the event of a release, on the final day of employment. The employee should not return to work following the interview; therefore, the time of the interview is to be set accordingly

· In the event of a voluntary resignation or retirement, the exit interview may take place one or more days prior to the date of the termination. When the work of a probationary or temporary employee has been good, a compliment regarding his/her performance is in order. Such employees should be told that they may be called for work again when it is available. In the case of employees whose work has not been satisfactory, do not encourage hopes of securing re-employment at a later date.

Make an effort to "sell the employee off the job." If the reason for release is unsatisfactory performance, do not use business conditions as an excuse to the employee. Refer to the corrective interviews, which, have taken place and point out that an opportunity to improve has been provided. In order to preserve self-confidence and self-respect, advise that although results on this job were unsatisfactory, it does not mean that a different line of work or organization would also prove to be unsatisfactory.

Point out the employee's favorable qualities with the suggestion that if properly directed they may provide considerable success elsewhere. Leave the employee with the thought that AUS is anxious to help and that this release is to the employee's own advantage.

Do not discuss details with the employee in cases involving unsatisfactory references, suspicion of misconduct, etc.
If the employee is leaving voluntarily, determine as accurately as possible the real reason for leaving. If the employee is leaving to work elsewhere, attempt to find out the name of the company, type of work, rate of pay, and how the job was obtained

Discuss any factors or conditions, which might be affecting the efficiency, performance, and morale of the remaining employees that may necessitate corrective action by AUS.

Discuss briefly the employee's record in the department as to work, attitude, and deportment. Question the employee in order to draw out any comments, complaints, and grievances the employee may have regarding the job, the department, and AUS.
Do not advise the employee of matters such as final pay and vacation pay and AUS benefits; rather refer to HRSD. HRSD will explain AUS' re-employment policy to the employee, and advise the employee of the date on which life and medical plan coverage terminates, where appropriate.

Ensure that any AUS property or material in the employee's possession has been returned.

Obtain the address at which the employee can be reached for the purpose of directing mail.

In circumstances that might prove embarrassing to either the employee or AUS consider meeting arrangements sensitively.