5.9.6 - Resignation and Employment Termination

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5.9.6 Resignation and Employment Termination

Various procedures apply when staff resign voluntarily (quit) or if an employee is involuntarily terminated (fired). Locations should exercise particular care when making the decision to terminate an employee, keeping in mind that state unemployment insurance is not available to the terminated employee except for those employed at the Archdiocesan Catholic Center and cemeteries and mortuaries. Schools should consult with their assistant superintendent; other locations should consult with the archdiocesan Human Resources Department.

5.9.6.1 Voluntary Resignations

Staff should provide the usual courtesy of at least two weeks' written notice before quitting or submitting their voluntary resignation. The resignation letter should include the reasons for leaving and the effective date of the termination. Employees who provide at least three working days' notice will receive their final pay on the day they terminate. Employees who do not provide notice will receive their final pay including unused accrued vacation, if applicable, within 72 hours of termination.

Failure to Report to Work

Employees who do not report to work for three consecutive working days without notifying the person in charge or supervisor are considered to have voluntarily terminated. During the three days' absence, the person in charge will try to contact the employee. If the employee or a person on the employee's Emergency Information Sheet cannot be reached, a letter of termination will be issued.

5.9.6.2 Involuntary Termination of Employment

The decision to fire an employee (terminate employment) should be carefully reviewed by the person in charge. Parishes and locations other than schools should consult with the archdiocesan Human Resources Department. Principals and pastors must consult with the regional superintendent before initiating an involuntary termination of a school staff employee and may be referred to the Human Resources Department or the Office of the Legal Counsel for further consultation.

If the termination concerns a priest, deacon, or religious in a position that does not involve the grant of faculties, this policy will apply, but the vicar for clergy and the vicar for women religious, as applicable, will also be consulted and the relevant canon law and policies will also apply. If the termination concerns a priest or deacon with an archdiocesan assignment, the clergy policies will apply.

The termination of an employee should be just and equitable.

Factors for Consideration

The following factors should be considered before initiating an involuntary termination of a lay employee:

Does the performance or behavior problem warrant termination?

Was the employee given clear expectations and standards for job performance and behavior?
Was the employee counseled and given sufficient time and direction to improve?
Was the performance or behavior problem documented?
Was the disciplinary process documented?
Will the employee's final paycheck, including any accrued vacation, if applicable, be ready at the time of the dismissal interview?

See Counseling and Discipline.

Grounds for Terminating an Employee

An employee may be terminated for any one or more of the following reasons, including but not limited to:

Behavior counter to the moral teachings, values and standards of the Roman Catholic Church as interpreted by the ordinary/diocesan archbishop of the archdiocese ("Catholic values")

Breach of the terms of any written employment agreement, including any written agreement for school employees
Bullying
Disclosure of confidential information
Dishonesty or personal conduct constituting a bad example to others according to Catholic values
Failure to respond to correction and a performance improvement plan as given by the person in charge
Falsification of documents, such as providing false or misleading information on an application, resume, professional or character reference, academic transcript, degrees, credentials, time records, or other archdiocesan documents
Habitual or excessive tardiness or absence from work or from the work area, without notice or a good reason
Harassment or noted inability to work cooperatively with supervisors, peers, subordinates, or members of the community served
Immoral conduct relating to duties or impairing effectiveness as a staff member, or conviction of a felony or of any crime involving moral turpitude
Inappropriate physical contact with minors or others
Insubordination
Modeling, teaching, or promoting behavior contrary to Catholic values, faith, and morals
Possession, display, distribution, sale or other uses of pornography in any form
Threatening or causing bodily harm to others, or other coercive and/or intimidating words or acts
Unauthorized possession or sale or working under the influence of illegal drugs, intoxicants, alcohol, or medically prescribed controlled substances (including cannabis) that impair judgment or performance
Unprofessional conduct, such as profanity, obscenity, foul language, uncontrolled anger, or persistent violation of or refusal to obey regulations
Unsatisfactory job performance
Vandalism or theft
Violation of professional ethics applicable to the staff member
Weapons possession
Any other just cause

Procedure to Be Followed

Do not terminate an employee on the spot. Review the personnel file. Make sure there is sufficient documentation of a disciplinary process. Make sure you have consulted with the archdiocesan Human Resources Department. Principals and pastors must consult with the assistant superintendent before initiating an involuntary termination of a school staff employee and may be referred to the Human Resources Department or Office of the Legal Counsel for further consultation. Have a witness attend the termination interview. Be direct and honest with the employee and briefly state the reasons for termination. Ask the employee to turn over any badges, keys, passwords, documents, files, and any equipment provided by the location. Present the employee with the final paycheck, including payment for any unused vacation, if applicable.

See the Termination Checklist and Notice to Employee as to Change in Relationship English version and Spanish version.

Employees who legitimately believe that archdiocesan policies or contractual agreements have not been correctly interpreted or applied in their situation or to employees generally may initiate a grievance in accordance with the Fair Treatment/Complaint Investigation Process.

5.9.6.3 Reduction in Workforce (Layoff)

It may become necessary to reduce the number of positions due to such reasons as loss of financial resources, a change in organizational structure, or a change or reduction in the number of students or programs of a school or similar considerations at other locations. When more than one person occupies a class of positions, any layoff of individual staff members within a given class will be determined by the needs of the location, qualifications, performance, record of discipline, and/or seniority. All staff subject to layoff will be eligible for and may request consideration for other open positions, if any, for which they meet the minimum requirements.

Personnel records of employees who are laid off will be maintained and these individuals will be given preference for openings for which they are qualified as such openings occur. Individuals rehired within 12 months of the layoff date will be reinstated with appropriate seniority and equivalent vacation and sick leave benefits; however, the rehired individual will be given a new hire date.

When a location is forced to make a reduction in the work force, it may be necessary to reassign other staff to fulfill the location's functional needs. Every effort will be made to give at least two weeks' notice to staff affected by a reduction in the work force.

5.9.6.4 Exit Interview

The person in charge should conduct an exit interview with each terminating staff member. This provides an opportunity to get valuable feedback about staff concerns and input to constructively improve working conditions and reduce turnover.

During an exit interview for an employee, the employee receives a copy of the Notice to Employee as to Change in Relationship (English version and Spanish version), the Exit Interview Checklist and the Exit Interview questionnaire or a termination letter if he or she is a teacher or principal, his or her final paycheck, and information about continuation of insurance coverage. Employees of the Archdiocesan Catholic Center and cemeteries and mortuaries are provided information about applying for state unemployment insurance. Employees should be reminded that they may remove only their personal property from the location and that their work product does not belong to them. See Intellectual Property.

The staff member should return keys, the identification badge, documents, files and any other property provided by the location, and all access codes or passwords used in the course of carrying out his or her duties. Note that an employee's final paycheck cannot be withheld pending return of these items.

See the Termination Checklist and Exit Interview questionnaire.

5.9.6.5 No Longer Interested Notification

Since the Department of Justice now provides a subsequent arrest notification service automatically, the Department of Justice must be informed that this service will no longer be required for any person who has been fingerprinted and/or is no longer employed. For information see the No Longer Interested Notification section of the Fingerprinting Policies and Guidelines.

5.9.6.6 Final Paycheck

Employees Who Give Notice

Final paychecks of terminating employees who have given notice of at least three working days must be available on their last day at work. If applicable, unused accrued vacation pay must be included.

Employees Who Do Not Give Notice

When employees terminate without notice or give notice of less than three working days, final paychecks must be available within 72 hours of the termination. If applicable, unused accrued vacation pay must be included.

Involuntary Termination

Employees who are involuntarily terminated (fired) must receive their final paycheck on their final day of work. If applicable, unused accrued vacation pay must be included.

Salaried Exempt Employees

An exempt employee receiving a monthly salary who terminates during the month is only paid for weeks in which he or she worked. A per diem payment is permitted if the employee is terminated before the end of the work week (see "Per Diem or Daily Salary Calculation" under Exempt Employees).

Teachers

If at the end of the school year a teacher has not completed the job requirements (e.g., completion of cumulative records, grades, report cards, classroom tasks, etc.), he or she need not be paid for any full week in which he or she does no work at all. Immediate written notice should be given to the teacher so he or she is aware of the incomplete tasks and the consequences of not completing them in the time and manner required. However, pay for exempt teachers may not be docked for disciplinary purposes.

Vacation Pay

All eligible employees are entitled to payment of earned but unused vacation at termination. No payment is made for unused sick leave.

5.9.6.7 Termination or Change of Benefits

Steps to terminate or change employee benefits:

Payroll practitioner needs to submit a help desk ticket to payroll to terminate or change the employee's health and/or voluntary benefits. The information about the employee's benefit termination or change will be sent to Benefit Allocation Services (BAS) on a file from ADP.

BAS will mail the continuation of benefits notice to the terminated employee.
The administrator will receive a PDF file of the terminated employee's continuation of benefits packet by email from BAS.

The Hartford will send the employee information about continuation of supplementary life insurance and disability benefits. For further information and forms contact the Insurance Department at 213-637-7671.

See the Termination Checklist and Notice to Employee as to Change in Relationship (English version and Spanish version).

5-20-21