PERSONNEL PROCEDURES FOR UC IRVINE STAFF MEMBERS

Separation Actions

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

Responsible Office: Human Resources
Issued:
November 2002

A. References

Personnel Policies for Staff Members

  • Policy 61, Release During the Probationary Period or From Limited, Casual/Restricted, and Floater Appointments
  • Policy 62, Corrective Action - Professional and Support Staff
  • Policy 63, Investigatory Leave
  • Policy 64, Termination of Career Employees--Professional and Support Staff
  • Policy 70, Complaint Resolution

Personnel Procedures for UCI Staff Members

B. Authority and Responsibility

The department head is responsible for taking and/or approving any dismissal actions. Consultation with Human Resources is required prior to taking any action.

C. Guidelines

  1. Regular status employees may be dismissed because of misconduct or failure to maintain appropriate work performance standards.
  2. Normally, termination is preceded by corrective action unless the employee is absent from work without approval for five consecutive, assigned working days or in those situations when unsatisfactory performance or misconduct warrants immediate dismissal. Policy 62, C. provides examples of exceptions to the requirement for a previous Written Warning.

D. Termination Procedures

  1. Determining Appropriate Action
    1. When circumstances warrant, the department head/designee shall review the employee's performance or conduct to determine if there has been sufficient improvement since the last written warning or other corrective action. If the expectations described in the previous corrective action have not been met, dismissal may be warranted.
    2. Termination not preceded by a Written Warning or other corrective action may be warranted by performance or conduct that demonstrates a severe lack of judgment, integrity, competence, or attention to duty, or otherwise substantially interferes with or endangers the University's interests.
  2. Written Notice of Intent to Terminate

    If dismissal is appropriate, the employee shall receive a Notice of Intent to Terminate (see Exhibit A, and Exhibit B). There is no exception to this requirement. The notice shall:

    1. Cite the policy (Personnel Policies for Staff Members, Policy 64) under which the intended termination is being taken;
    2. State the intended action;
    3. State the reason for the action;
    4. State the effective date
      • 1) Except in cases of misconduct, an employee shall receive at least 15 calendar days' notice of termination or pay in lieu of notice.
      • 2) In cases of misconduct, an employee shall receive at least 8 calendar days' notice of termination, and may be suspended without pay as of the day of the notice of intent to terminate.
    5. Include a copy of any materials and/or previous documentation of corrective action on which the intended action is based;
    6. State the employee's right to respond orally or in writing within 8 calendar days from the date of the Written Notice (In the case of misconduct, the period of time an employee has to respond may be shorter than 8 calendar days.);
    7. Be accompanied by a Proof of Service prepared by someone who is not a party to the action (see Exhibit D and Exhibit E).
  3. Written Notice of Final Decision

    After consideration of the employee's response, if any, or 8 calendar days from the date of the written notice of intent, whichever is sooner, the supervisor will provide the employee with written notification of the final decision (see Exhibit C). If warranted, the supervisor may reduce the termination action to a less serious corrective action without the issuance of a further Notice of Intent. The Written Notice of Final Decision shall:

    1. Cite the policy (Personnel Policies for Staff Members, Policy 64, Termination of Career Employees--Professional and Support Staff) under which the termination is being taken;
    2. State the action to be taken;
    3. State the effective date of the action; and
    4. State the employee's right to request a review of the action under Personnel Policies for Staff Members, Policy 70, Complaint Resolution.
    5. Include a Proof of Service prepared by someone who is not a party to the action (see Exhibit D and Exhibit E).

E. Applicability

Regular status Professional and Support Staff employees, except employees who are in a bargaining unit that has an exclusive representative (union) and are covered by the applicable provisions of the collective bargaining agreement.


Procedure 64: EXHIBIT A

Sample Written Notice of Intent to Terminate for Failure to Maintain Appropriate Work Performance Standards

Date

Name
Title

RE: Written Notice of Intent to Terminate

In accordance with Personnel Policy 64, this is to inform you that effective at least 15 calendar days from date of issuance of this notice, I intend to terminate your employment with department.

This action is being taken as a result of state the reason for the termination. I have discussed my concerns and expectations with you on date(s). On date you received a Written Warning advising you that failure to demonstrate immediate and sustained improvement in these areas would result in further disciplinary action, up to and including dismissal. Yet, there has been no marked improvement. Since the Written Warning provide example(s)/incident(s), including date(s), of the poor performance or the inappropriate behavior that has occurred.

You have the right to respond orally or in writing to me on or before 8 calendar days from date of issuance of this notice with reasons why this action should not be taken. You also have the right to representation.

Supervisor

c: Department Head
Human Resources

Attachments:
Personnel Policies for Staff Members, Policy 64
Written Warning dated_______________
Prior Confirming and/or Counseling Memos dated_______________
Proof of Service dated_______________


Procedure 64: EXHIBIT B

Sample Written Notice of Intent to Terminate for Misconduct

Date

Name
Title

RE: Written Notice of Intent to Terminate

In accordance with Personnel Policy 64, this is to inform you that effective date (8 calendar days from date of issuance of this notice), I intend to terminate your employment with department.

This action is being taken as a result of state the reason for the termination, and include a copy of any materials upon which the intended action is based.

You have the right to respond orally or in writing to me on or before ____ calendar days from date of issuance of this notice with reasons why this action should not be taken. You also have the right to representation.

I am further advising you that, effective immediately, you are being suspended without pay from your position of payroll title in department.

(The following two paragraphs are optional:)

During your suspension, you may not enter the work site, including (specify locations) for any purpose, unless you have made prior arrangements with me. You may not interact with any (department) employees nor access any University or (department) resources, including, but not limited to, (computer resources). You may not destroy or in any way alter files or materials, including computer files.

You are required to return your (Select appropriate items: keys and access cards for building(s), office(s) vehicle(s), laboratories; service and/or administrative gate pass; employee identification card, files, computer disks and/or software, books, library photocopy cards, voice mail codes, AdCom Services password(s), computer account(s) passwords, PAL (purchasing) card, American Express corporate card, University calling card, safety goggles/apparel purchased by the University, etc. ) to me immediately. (If applicable:) You are required to immediately return all University property provided for your work use at home: (including but not limited to: computer, modem, fax, printer, typewriter). (Optional:) _______________ will accompany you to your home immediately to retrieve this property.

Supervisor

c: Department Head
Human Resources

Attachments:
Personnel Policies for Staff Members, Policy 64
Itemize any relevant materials which you intend to include.
Proof of Service dated_______________


Procedure 64: EXHIBIT C

Sample Written Notice of Termination

Date

Name
Title

RE: Written Notice of Termination

In accordance with Personnel Policy 64, this is to inform you of your termination as a position title in the department effective date. I have thoughtfully considered the information you provided to me on date, in your verbal and/or written response to the Notice of Intent to Terminate dated_______________. I find no compelling reason to rescind the intended action to terminate your appointment.

(Optional:) You are required to return your (Select appropriate items: keys and access cards for building(s), office(s) vehicle(s), laboratories; service and/or administrative gate pass; employee identification card, files, computer disks and/or software, books, library photocopy cards, voice mail codes, Office of Information Technology password(s), computer account(s) passwords, PAL (purchasing) card, American Express corporate card, University calling card, safety goggles/apparel purchased by the University, etc. ) to me immediately. (If applicable:) You are required to immediately return all University property provided for your work use at home: (including but not limited to: computer, modem, fax, printer, typewriter). (Optional:) _______________will accompany you to your home immediately to retrieve this property.

You have the right to request a review of this action under Personnel Policy 70, Complaint Resolution. Please contact ______________, Benefits Representative, at 824-_____, to discuss important options available to you regarding your benefits.

Supervisor

c: Department Head
Human Resources Consultant
Benefits Representative

Attachment: Proof of Service dated_______________


Procedure 64: EXHIBIT D

Sample Proof of Service: Personal Delivery

PROOF OF SERVICE

Personal Delivery

I declare that I am over the age of eighteen years and am not a party to the action described in the attached notice. My work address is University of California, Irvine, Department/Unit Name, Room Number + Building Name + Zot Code, Irvine, California, 92697-Zot Code. On (date), I personally delivered the attached (Written Notice of Intent to_Terminate or Written Notice of Termination) to:

(Name of Recipient)
(Location)

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on (date) at Irvine, California.

Signature
Name Typed Here


Procedure 64: EXHIBIT E

Sample Proof of Service: Delivery by U.S. Mail

PROOF OF SERVICE

Delivery by U. S. Mail

I declare that I am over the age of eighteen years and am not a party to the action described in the attached notice. My work address is University of California, Irvine, Department/Unit Name, Room Number + Building Name + Zot Code, Irvine, California, 92697-Zot Code. On (date), I served the attached (Written Notice of Intent to Terminate or Written Notice of Termination) by placing a true copy enclosed in a sealed envelope with postage fully paid in the United States mail, addressed as follows:

(Name of Recipient)
(Street Address)
(City, State, Zip Code)

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on (date) at Irvine, California.

Signature
Name Typed Here