Separating Employees

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EPA Separations

An EPA employee's initial appointment and any reappointment(s) for a permanent EPA professional position may be either "fixed-term" or "at will." Any appointment designated as "employment at will" is subject to continuation or discontinuation at the discretion of the Chancellor or Chancellor's designee.

Giving Notice of Resignation

EPA employees are expected to provide their immediate supervisor with one month of advance written notice of resignation. EPA employees on contract are encouraged to work towards a mutually agreed upon termination date if the individual intends to voluntarily separate prior to the completion date of their contract. In the absence of exceptional circumstances, failure to provide sufficient notice may result in being ineligible for rehire.

An EPA employee may be involuntarily separated, with appropriate notice, for any of the following reasons:

  • Discontinuation
  • Expiration of a Fixed-Term Appointment
  • Termination of Employment Because of Financial Exigency or Program Curtailment or Elimination
  • Discharge for Cause

Supervisors should contact Employee Relations, 919-515-6575, when considering a discontinuation or any disciplinary action for an EPA employee. Individuals separated from Faculty positions may have access to the University grievance procedures for Faculty and should contact the Chair of the Faculty Senate for further information.

For additional information, see the University Procedures, Regulations and Rules below.

Faculty Separations

Faculty maybe discharged or terminated as a result of:

  1. incompetence, neglect of duty, or misconduct of such a nature as to indicate that the individual is unfit to serve as a member of faculty, or
  2. a demonstrable, bona fide institutional financial exigency, or
  3. the major curtailment or elimination of a teaching, research, or public service program in accordance with the provisions of section 605 of The Code.

For more information on faculty separations view the Academic Tenure Policy.

SPA Separations

An SPA separation occurs when a University employee is dismissed, resigns, transfers, retires, dies, is separated due to unavailability when leave is exhausted, or subject to a reduction in force.

Probationary SPA employees, temporary employees, or employees with time-limited permanent appointments may be laid off with limited notice and without reference to the university's RIF procedures. These employees are not eligible for priority reemployment or severance pay.

Employees subjected to RIF may grieve under the university's SPA Grievance Procedures

Dismissal

An involuntary dismissal occurs in accordance with the Disciplinary Action, Suspension and Dismissal Policies adopted by the University.

Prior to being dismissed for Unsatisfactory Job Performance, permanent employees must receive at least 2 written warnings including a final written warning. Being dismissed for Unacceptable Personal Conduct or Grossly Inefficient Job Performance does not require previous disciplinary action in your file.

SPA employees who are separated for Unacceptable Personal Conduct or Grossly Inefficient Job Performance are not eligible for rehire with the University. This includes employees who resign once disciplinary action for dismissal due to Unacceptable Personal Conduct or Grossly Inefficient Job Performance has begun. Employee Relations is responsible for maintaining the no rehire list.

In special circumstances and at the department's discretion, employees may be given the option to resign in lieu of dismissal.

Giving Notice of Resignation

Employees are required to provide their immediate supervisor with written notice of resignation at least two (2) weeks or ten (10) workdays prior to the last intended workday. The last day the employee reports to work is the separation date. In the absence of exceptional circumstances, failure to provide sufficient notice may result in being ineligible for rehire.

Voluntary Resignation Without Notice

When an SPA employee fails to report to work for a period of at least three consecutive workdays without giving verbal or written notice to his authorized supervisor, the employee may be considered to have abandoned his/her job. As a result, the employee may be subject to disciplinary action, or be separated from employment as a Voluntary Resignation without Notice. Such separations may not be grieved or appealed.

Separation Due to Unavailability When Leave is Exhausted

An employee may be separated from the university if:

  • he/she becomes and remains unavailable for work after all applicable leave credits and benefits have been exhausted; and
  • his/her supervisor, for sufficient reasons, does not grant leave without pay.

Prior to separation, management shall meet with or notify the employee in writing of the proposed separation. The employee shall have an opportunity either in this meeting or in writing to propose alternative methods of accommodation. It is management's responsibility to consider the employee's proposed accommodations. If the proposed accommodations or other reasonable accommodations are not possible the employee must be advised in writing of the final separation decision and effective date.

Separations Due to Unavailability may be grieved or appealed through the University grievance procedure or if alleging discrimination go directly to the Office of Administrative Hearings.

Transfers

An SPA employee transferring to another university department or state agency must receive a transfer appraisal from his/her current supervisor to be forwarded to the gaining unit. Likewise, the transferring employee's supervisor must document that employee's progress on current work plans in conjunction with the next level manager prior to leaving a supervisory position. The appraisal should be documented on an NC State SPA Transfer Appraisal Form, with a copy provided to the employee.