Dismissal for Cause 36.1 The employment of an APT member may be terminated by reason of professional misconduct, willful neglect of duties, gross misconduct, or incompetence demonstrated by annual performance reviews.
36.2 If an APT member is to be dismissed for cause, notice in writing will be given by the appropriate Director or equivalent that dismissal is being recommended to the President. The notice to the APT member shall contain a complete statement of the grounds for the recommendation to dismiss. A copy of the letter of notice will be sent to the Chair of the Faculty Association.
36.3 Seven working days from the date such notice is received by the member, the President shall inform the APT member in writing that either the dismissal action is discontinued, or that the APT member’s service is to be terminated seven working days hence. A copy of the President’s letter will be sent to the Chair of the Faculty Association.
36.4 The APT member and the Faculty Association may enter a grievance after receipt of the President’s letter, but before the date of termination. However, upon written request to the President, the Faculty Association may be given a seven day extension of the date for submission of a grievance if the circumstances warrant it. The grievance will be submitted at Stage Two of the grievance process. Failure to grieve within these time limits will constitute waiver of rights.
36.5 All correspondence to the APT member required by this clause will be delivered directly to the APT member when convenient, and in other cases will be forwarded by registered mail, air mail if necessary, to the last known address of the APT member. Copies of all correspondence to the APT member required by this clause will be forwarded to the Chair of the Faculty Association.
36.6 The APT member may be suspended with or without pay by the President, upon the recommendation of the appropriate Director or equivalent, from the date the letter is issued recommending dismissal. The suspension will be rescinded if the President discontinues the dismissal action. If a grievance is entered, the suspension continues until the grievance is resolved.
Dismissal/Suspension for Alleged Cause Employees dismissed or suspended for alleged cause shall have the right within seven (7) calendar days after the date of dismissal or suspension to initiate a grievance at Step Three of the grievance procedure.
Right to Grieve Disciplinary Action Employees shall have the right to grieve written censures or warnings, and adverse employee appraisals. Employees shall have the right to rebut in writing any disciplinary notice and that rebuttal will be placed in the employee file, but will not be part of the formal disciplinary record. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the Grievance Procedure and the eventual resolution thereof shall become part of his/her personal record.
Dismissal or Suspension Grievance (a) In the case of a dispute arising from an employee's dismissal, the grievance may be filed directly at arbitration within thirty (30) days of the date on which the dismissal occurred, or within thirty (30) days of the employee receiving notice of dismissal.
(b) In the case of a dispute arising from an employee's suspension, the grievance may commence at Step 2 of the grievance procedure within thirty (30) days of the date on which the suspension occurred, or within thirty (30) days of the employee receiving notice of suspension.
Termination for Good Reason The Employee's employment may be terminated by the Employee for Good Reason. For purposes of this Agreement, "Good Reason" shall mean:
Dismissal or Suspension Grievances (a) In the case of a dispute arising from an employee’s dismissal, the grievance may be filed directly at Step 3, within thirty (30) days of the date on which the dismissal occurred, or within thirty (30) days of the employee receiving notice of dismissal.
(b) In the case of a dispute arising from an employee’s suspension, the grievance may commence at Step 2 of the grievance procedure within thirty (30) days of the date on which the suspension occurred, or within (30) days of the employee receiving notice of suspension.
Resignation for Good Reason The Executive may resign from the Executive’s employment for Good Reason.
Notice of Voluntary Termination or Reduction The Borrower shall notify the Administrative Agent of any election to terminate or reduce the Commitments under paragraph (b) of this Section at least three Business Days prior to the effective date of such termination or reduction, specifying such election and the effective date thereof. Promptly following receipt of any notice, the Administrative Agent shall advise the applicable Lenders of the contents thereof. Each notice delivered by the Borrower pursuant to this Section shall be irrevocable; provided that a notice of termination of the Commitments of a Class delivered by the Borrower may state that such notice is conditioned upon the effectiveness of other credit facilities, in which case such notice may be revoked by the Borrower (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied.
Voluntary Termination for Good Reason “Voluntary Termination for Good Reason” shall mean the Employee voluntarily resigns after the occurrence of any of the following (i) without the Employee’s express written consent, a material reduction of the Employee’s duties, title, authority or responsibilities, relative to the Employee’s duties, title, authority or responsibilities as in effect immediately prior to such reduction, or the assignment to Employee of such reduced duties, title, authority or responsibilities; provided, however, that a reduction in duties, title, authority or responsibilities solely by virtue of the Company being acquired and made part of a larger entity (as, for example, when the Senior Vice-President of a business unit of the Company remains as such following a Change of Control) shall not by itself constitute grounds for a “Voluntary Termination for Good Reason;” (ii) without the Employee’s express written consent, a material reduction, without good business reasons, of the facilities and perquisites (including office space and location) available to the Employee immediately prior to such reduction; (iii) a reduction by the Company in the base salary of the Employee as in effect immediately prior to such reduction; (iv) a material reduction by the Company in the aggregate level of employee benefits, including bonuses, to which the Employee was entitled immediately prior to such reduction with the result that the Employee’s aggregate benefits package is materially reduced (other than a reduction that generally applies to Company employees); (v) the relocation of the Employee to a facility or a location more than thirty-five (35) miles from the Employee’s then present location, without the Employee’s express written consent; (vi) the failure of the Company to obtain the assumption of this agreement by any successors contemplated in Section 7(a) below; or (vii) any act or set of facts or circumstances which would, under California case law or statute constitute a constructive termination of the Employee.
Termination for Cause with Notice to Cure Requirement Contractor may terminate this contract for the Department’s failure to perform any of its duties under this contract after giving the Department written notice of the failure. The written notice must demand performance of the stated failure within a specified period of time of not less than 30 days. If the demanded performance is not completed within the specified period, the termination is effective at the end of the specified period.
