The University of Memphis
Separation from Employment
Employees of the University and/or their respective activity heads are required to complete certain administrative actions when employees separate from the University.
Individuals who leave employment with the University are expected to return University property, and satisfy outstanding financial or other obligations before the last work day.
| ||To establish a reliable and uniform method of reporting employee separations from the University; to insure objective and fair treatment of employees leaving the University, while preserving institutional authority and discretion; and to insure that appropriate clearance actions are completed prior to an employee's departure.|
|Voluntary Separation/Termination||A voluntary separation or termination is one that results when a staff member leaves a job on his or her own initiative, usually through resignation or retirement.|
|Involuntary Separation/Termination||An involuntary separation/termination is one initiated by the University and may result from a variety of reasons, including but not limited to job elimination and discharge for unsatisfactory work performance.|
|Temporary Employee||An employee who is hired for six months or less.|
|Voluntary Separations - Regular Employees|
An Employee Separation and Clearance Immediate Notification Form can be found at http://bf.memphis.edu/hr/records/clearance/sepclear.php. It must be completed by the supervisor/manager immediately when it is first disclosed that an employee is separating from the University. The submission of this online form will result in the notification via e-mail of affected University departments. The employee, the supervisor/manager, and the submitter of the form will also receive copies of this notification.
In addition, the official Employee Separation and Clearance Form must be completed. The form must be submitted in hard copy and is available at http://bf.memphis.edu/hr/forms/clearance.pdf.
The Department Head will sign the Employee Separation and Clearance Form accepting the resignation and will complete other sections of the form, as applicable.
No later than one workday prior to the employee's departure, the employee should forward the hard copy of the official Employee Separation and Clearance Form to Employee Records in the Department of Human Resources for final clearance action. A signed copy of the employee's time sheet for the terminating month or biweekly time period must be attached to the separation form. If the employee is to be on extended terminal leave, a signed copy of the timesheet for each monthly or biweekly payroll period must be attached.
In the event a resigning employee leaves without completing the Employee Separation and Clearance Form, the Department Head must complete the form, attach a memorandum outlining the circumstances, and forward all documents to Employee Records in the Department of Human Resources.
|Voluntary Separations - Graduate Assistants, Student & Temporary Employees|
To properly effect the termination of Graduates Assistants, the Department Head should submit the Employee Separation and Clearance Immediate Notification Form that is found at http://bf.memphis.edu/hr/records/clearance/sepclear.php.
In addition to the Immediate Notification form, a Graduate Assistant Termination Form must be completed. The form can be found at http://www.memphis.edu/gradschool/gaterm.php, and it should be submitted to the Graduate School and Employee Records in the Department of Human Resources. For a Graduate Assistant employed in the College Work Study Program (CWSP), the form should be sent to Graduate School and Student Financial Aid.
When a Student Employee resigns from employment or graduates, withdraws, or is enrolled less than half time, a termination form must be submitted to the Student Employment Office. Use the Employee Separation and Clearance Immediate Notification Form at http://bf.memphis.edu/hr/records/clearance/sepclear.php. Click on "Student Employee" in the drop down box under Type of Employment.
NOTE: If it is planned that the temporary employee will be re-appointed, the following notification process is not required for the five work-day break in service every temporary employee must take after six months of continuous employment. The original appointment form would show the beginning and ending dates of the first appointment; the re-appointment form would show new beginning and ending dates. Thus, the break in service would be established in HRS, and a clearance form would not be required.
To properly execute their terminations of temporary employees who are clearly separating from the University, the Department Head should submit the Employee Separation and Clearance Immediate Notification Form found at http://bf.memphis.edu/hr/records/clearance/sepclear.php. In addition, an official Employee Separation and Clearance Form must be completed and sent in hard copy to Employee Records. Find the form at: http://bf.memphis.edu/hr/forms/clearance.pdf.
Since temporary employees do not accrue leave, the leave section of the form does not need to be completed.
The Employee Separation and Clearance Immediate Notification Form at http://bf.memphis.edu/hr/records/clearance/sepclear.php must be completed when an employee is retiring from the University.
In addition, an Employee Separation and Clearance Form must be completed. The form is available http://bf.memphis.edu/hr/forms/clearance.pdf, and it must be submitted in hard copy.
|Involuntary Terminations - General Information for All Types of Employees|
Managers and supervisors must receive approval by the appropriate University official prior to notifying an employee of termination. With the exception of Graduate Assistants, the Employee Separation and Clearance Immediate Notification Form should not be submitted for involuntary terminations.
To recommend a termination, the Department Head will write a memo of justification to the Assistant Vice President for Human Resources and route it through the appropriate Vice President/Provost. The Assistant Vice President is final approver for actions affecting hourly-paid employees, and the President is final approver for actions affecting a monthly-paid employee.
The basis for the termination and facts supporting the action must be fully explained and documented. All documentation will be routed through the department of Human Resources. Once approved, termination shall then proceed in accordance with the applicable procedure for various types of terminations as outlined in the University's Grievance Process and Conflict Resolution policy (available at http://policies.memphis.edu/UM1564.htm).
After approval has been received, the Department Head will complete the Employee Separation and Clearance Form at http://bf.memphis.edu/hr/forms/clearance.pdf. Attach time records as follows:
The Manager of Employee Relations in Human Resources will conduct an exit interview with the employee. During the exit interview, the employee will be given an Election of Rights form (see the Grievance Process and Conflict Resolution policy at http://policies.memphis.edu/UM1564.htm). In order to appeal the termination, the employee must within five working days sign, clearly mark his/her choice of appeal procedures, and return the form to the Manager of Employee Relations. All appeals will be handled in accordance with the Grievance Process and Conflict Resolution procedure.
|Involuntary Terminations - Regular Staff Employees|
Termination Without Cause
Probationary Employees - Staff employees serve in a probationary status for the first six months following their hire date, and they may be placed on subsequent probationary periods for six months following the date of any promotion or transfer to a new position. Employees in a probationary period may be terminated at any time for any reason (or for no reason), and such terminations are not covered under the Grievance Process and Conflict Resolution procedure.
Job Eliminations – Employees may be subject to termination if their job is eliminated due to reasons such as reorganization or financial exigency. In these cases, advance notice of the job elimination will be given to the affected employee so he/she can seek other jobs on campus. Job elimination is not covered under the Grievance Process and Conflict Resolution procedure at http://policies.memphis.edu/UM1564.htm.
Involuntary Separation under the Terms of the Employment Agreement - Monthly paid employees may be given notice of involuntary separation under the terms of their employment agreement, i.e., the clause that states the agreement may be terminated upon 30 days notice. It is not necessary to document the reasons for invoking this clause in the employment agreement, but such actions must be reviewed by the Department of Human Resources and the Office of Legal Counsel. NOTE: Hourly paid employees may not be released under these terms.
Termination For Cause:
No Misconduct - For situations involving deficiencies in work performance, attendance, and punctuality or other such work related concerns, employees who have completed their probationary period may be terminated only after proper warning and placement in a performance plan. Bi-weekly paid employees would go through the formal Performance Improvement Process, and monthly paid employees are counseled and given written warning about their need to improve. Additionally, employees terminated under these conditions are given the right to appeal the decision.
Misconduct – Employees may be terminated without notice or a performance plan for committing acts of misconduct. Some examples of misconduct are: fighting on the job, working under the influence of illegal drugs or alcohol, insubordination toward a supervisor, stealing, and falsification of University records. Employees terminated for these reasons are given the right to appeal the decision. If misconduct is considered to be gross, terminated employees are subject to losing accrued and unused annual leave and rights to continuation of health insurance under COBRA.
|Involuntary Terminations - Faculty||Involuntary termination of faculty should be in accordance with procedures established through the Office of the President and the Provost.|
|Involuntary Terminations - Graduate Assistants, Student & Temporary Employees|
Graduate Assistants may be terminated at any time and for any reason upon recommendation of the Department Head and approval of the appropriate Vice President and Assistant Vice Provost for the Graduate School. Complete the online Employee Separation and Clearance Immediate Notification Form available at http://bf.memphis.edu/hr/records/clearance/sepclear.php.
A Graduate Assistant Termination Form must be completed in addition to the online form. Go to: http://www.memphis.edu/gradschool/gaterm.php. The Department Head will sign accepting the GA's resignation and complete his/her portion of the form. The form must then be submitted to the Graduate School as well as Employee Records in the Department of Human Resources.
For Graduate Assistants employed in the College Work Study Program (CWSP), the form should be sent to Graduate School and Student Financial Aid.
When a student is terminated, suspended, or is enrolled less than half time, a termination form must be submitted to the Student Employment Office. Use the Employee Separation and Clearance Immediate Notification Form at http://bf.memphis.edu/hr/records/clearance/sepclear.php. Click on "Student Employee" in the drop down box under Type of Employment.
Upon approval, temporary employees may be involuntarily released from their employment at any time during their temporary appointment. To request approval, write a memo that gives the reason for the termination and submit it to the Assistant Vice President for Human Resources. It is not necessary to give the temporary employee notice that he/she is being released. As soon as a temporary employee is released, complete the Employee Separation and Clearance Immediate Notification Form at http://bf.memphis.edu/hr/records/clearance/sepclear.php.
Every employee who terminates employment with The University of Memphis, whether voluntary or involuntary, may file a claim for Unemployment Insurance Benefits with the Tennessee Department of Labor and Workforce Development or their resident state’s local unemployment office. This state office determines if claims will be paid based on the reasons for termination. The Employee Relations Office in Human Resources issues the separation notice to the terminated employee for use when filing for benefits from the State.
|Appointing/Terminating Officials by Employee Category|
Employee Category -- Appointing/Terminating Official
Faculty, full-time -- President
|Employee Separation and Clearance Immediate Notification Form|
|Separation and Clearance Form||http://bf.memphis.edu/hr/forms/clearance.pdf (Must be submitted in hard copy.)|
|Graduate Assistant Termination Form||http://www.memphis.edu/gradschool/gaterm.php|
|Who do I contact for further information?|
|Grievance Process and Conflict Resolution|
|Performance Improvement Process|
| ||UM1382 - Issued: December 2, 2003 - supercedes policy number 1:2D:05:04|
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