Separations

701. Termination of Employment

Category: SEPARATIONS
Issued: January 1, 1993
Responsible Office: Employee and Labor Relations (212) 870-2801

To ensure that employees are not subjected to arbitrary or discriminatory practices in the termination of their employment, all cases involving a layoff, release or discharge must be discussed with Employee and Labor Relations prior to the department's notification to the employee.

Release

A release is a termination at the discretion of the University.  A release, rather than a discharge, is used when a) the situation reveals that the employee was willing to work and was attempting to perform the job duties but was unable to perform satisfactorily and was not able to transfer to a lower job classification, or b) the employee's termination is determined by the Vice President for Human Resources, or his/her designee, to be in the best interest of the employee or the University.  An employee who is released will receive vacation pay for earned, unused vacation days and floating holidays.

Discharge

A discharge is a termination initiated by the University for cause, including, but not limited to, insubordination, excessive absenteeism or lateness, falsification of records, illegal acts, violation of published Personnel Policy or repetition of behavior for which an oral or written warning was given.  An employee who is discharged shall not be employed elsewhere within the University.  An employee who is discharged will receive vacation pay for earned, unused vacation days and floating holidays.

702. Layoff

Category: SEPARATIONS
Issued: January 1, 1993
Revised: January 15, 2005
Responsible Office: Employee and Labor Relations (212) 870-2801, and Employment and HR Client Services (212) 870-2425

Note: Employees in a bargaining unit are governed by the provisions of their respective bargaining agreement.

A layoff is a termination initiated by the University because of discontinuance of a position, a lack of work or a lack of funds.  Employees subject to layoff within their organizational unit shall be laid off within their job classification, taking into account skill, ability, job performance, experience and seniority.

Supporting Staff or Officers who have been hired on a temporary full-time basis or on a finite-term research project not exceeding two years shall not be considered laid off at the time of their termination, and will not be entitled to layoff pay.

All layoffs must be discussed in advance with Employee and Labor Relations to assure compliance with University policy and/or the respective collective bargaining agreement.  Employee and Labor Relations must also approve all severance agreements and charges to the fringe account.

Layoff Pay

Support Staff

A non-union full-time or regular part-time support staff employee will receive a layoff allowance, as follows:

• Less than one (1) year:  The employee will receive two (2) week’s base pay.
• One (1) year or more: The employee will receive one (1) week’s base pay for each year of continuous full-time or regular part-time service, contingent upon the signing of a full release of all claims against the University which relate to the employee’s employment .
  
  Note: In the absence of a signed release, the employee is entitled to two (2) week’s base pay only.
  
  Please contact your HR Client Manager for the appropriate layoff letter.      

Payment of layoff pay shall be in the form of a lump sum payment, less applicable tax deductions.

Officers

An officer with less than one (1) year of continuous full-time service will receive a layoff allowance of two (2) weeks' base salary.

Officers with one (1) or more years of continuous full-time service will receive as much written notification of impending layoff as possible, at the discretion of the University, and a layoff allowance, as follows:

• One (1) month’s base salary for each year of continuous full-time service, contingent upon signing a full release of all claims against the University which relate to the employee’s employment, up to a maximum of six (6) months' base salary.
  
  Note: In the absence of a signed release, the officer is entitled to 2 weeks' base salary only.
  
  Please contact your HR Client Manager for the appropriate layoff letter.   

Payment of layoff pay shall be in the form of a lump sum payment, less applicable tax deductions.

703. Resignation

Category: SEPARATIONS
Issued: January 1, 1993
Revised:  July 1, 2004
Responsible Office: Employee and Labor Relations (212) 870-2801

A resignation is a voluntary termination initiated by the employee.  Support staff employees are expected to give two (2) weeks notice.  Officers are expected to give thirty (30) calendar days notice.  Upon completing the specified notice period, employees who resign receive vacation pay for earned, unused vacation days and floating holidays.  Employees who do not provide such notice forfeit this pay, though supervisors may waive this requirement following consultation with the Office of Employee and Labor Relations.

704. Exit Interview and Exit Interview Report

Category: SEPARATIONS
Issued: January 1, 1993
Revised: July 1, 2004
Responsible Office: HR Information Services (212) 870-3425

A departmental interview should be held with each terminating employee before the employee leaves the University.  The reasons for exit interviews are:

• to assure that necessary information regarding termination policies, benefits unused vacations and holiday pay, unemployment insurance and other important matters have been conveyed.  
• to fulfill the University's commitment to its affirmative action obligations and identify the reasons for the termination.  
• to assure that department and University property, such as keys and identification cards are returned.  
• to assure that department signature authority and/or systems access is discontinued, as appropriate.
• to assure that department and Personnel records are complete. 

The Exit Interview Report should be completed by all terminating employees and their supervisors.  One copy of this report is to be forwarded to HRIS with the termination Personnel Action Form no later than the day following the last day of employment.

705. Unemployment Insurance

Category: SEPARATIONS
Issued: January 1, 1993
Responsible Office: Employee and Labor Relations (212) 870-2801

When an employee's work relationship is terminated, he/she may be entitled to receive Unemployment Insurance if he/she:

• Is unemployed through no fault of his/her own.  
• Is available for and capable of employment.   
• Has worked 20 weeks in New York State defined covered employment during the 52 weeks prior to termination.  (Other states may have different requirements.)

The employee's eligibility and entitlement to receive benefits, however, will be determined by the local office of the New York State Department of Labor, Division of Employment.

To determine a person's entitlement for benefits, the New York State Unemployment Insurance Division requires the University to provide certain specific information on a former employee, including a statement of all the factors surrounding the employee's termination.  Employee Records is responsible for providing this information within 7 calendar days of the mailing date of a communication from the Unemployment Insurance Division or incur a fine.  Written communications from New York State to departments regarding unemployment insurance should be hand carried to Employee Records.