Common use of Notice of Dismissal and Resignation Clause in Contracts

Notice of Dismissal and Resignation. 1. Except for those specific cases governed by Paragraph C.2, C.3, or C.4 of this Article, the following notice provisions shall apply: Professional employees, program staff, clerical employees and hourly employees who have completed their probationary period or any extension thereof, shall be given two (2) weeks’ written notice of dismissal; provided that the Agency, at its option, may immediately terminate the employment of an employee under this Subparagraph 1 and pay the employee an equivalent amount of pay in lieu of notice. Written notice of the same length of time shall be given to the Agency by any employee desiring to terminate their employment. If an employee gives the Agency more notice than is required by this Subparagraph 1, the Agency may, at its option, terminate the employee at the end of the required notice period and have no obligation to continue to employ and pay the employee for the balance of the period for which the employee gave notice. In the event that an employee fails to give appropriate notice as provided for herein, a permanent record of such failure shall be placed in their personnel file, and the Agency shall cease all payments for the employee’s insurance coverages at the end of the month in which the employee so terminated their employment without having given appropriate notice. The Agency may withhold from payment accrued paid personal time in reverse proportion to the amount of actual notice given by the employee in relation to the required notice. Any employee who is absent for a period of three (3) consecutive scheduled working days without notifying their supervisor shall be deemed to have resigned without having given notice as of their last day of work, except in cases where an employee is unable to give notice. Unless approved by the Agency, no employee may take any unscheduled time off with pay during the notice period. 2. The Agency need not give the notice provided herein, or pay in lieu of notice, to any employee who receives a notice of dismissal for any Category IV violation of the Agency Work Rules or of violations of the Agency Work Rules in accordance with the progressive discipline system provided for therein. However, dismissals for these reasons are subject to the provisions of Paragraphs A and B of this Article. The provisions of this Paragraph C.2 are also specifically applicable to dismissals based solely on inadequate performance. 3. Professional employees and program staff who have completed the probationary period or any extension thereof but who have been employed by the Agency for less than three (3) years, shall, if they receive an evaluation recommending dismissal, receive two (2) weeks’ notice of dismissal. Either the employee or the Agency may elect to immediately terminate the employee. In such event, the employee shall receive two (2) weeks’ pay. Such pay shall be in addition to all other monies, if any, to which the employee is entitled at the time of their termination. 4. Professional employees and program staff who have been employed by one (1) or more of the Agencies for a total of three (3) or more years, shall, if they receive an evaluation recommending dismissal, have their employment continued on re-evaluation status for a period not to exceed sixty (60) calendar days. Prior to the end of the sixty (60) day period, the employee shall be reviewed by their supervisor in conjunction with the Agency’s Head of Human Resources. Time spent on re-evaluation status shall be in lieu of time for notice of dismissal pay or dismissal pay in lieu thereof as provided for in the preceding paragraphs of this Article XIII. In the event that after receiving an evaluation recommending dismissal, the employee makes no significant improvement in performance, then such employee may be terminated prior to the end of the re-evaluation period if the Agency and employee mutually agree. If such employee is terminated before the end of the sixty (60) day re-evaluation period, they shall receive pay for the balance of the sixty-day (60) day period.

Notice of Dismissal and Resignation. 1. Except for those specific cases governed by Paragraph C.2, C.3, or C.4 of this Article, the following notice provisions shall apply: Professional employees, program staff, clerical employees and hourly employees who have completed their probationary period or any extension thereof, shall be given two (2) weeks’ written notice of dismissal; provided that the Agency, at its option, may immediately terminate the employment of an employee under this Subparagraph 1 and pay the employee an equivalent amount of pay in lieu of notice. Written notice of the same length of time shall be given to the Agency by any employee desiring to terminate their his/her employment. If an employee gives the Agency more notice than is required by this Subparagraph 1, the Agency may, at its option, terminate the employee at the end of the required notice period and have no obligation to continue to employ and pay the employee for the balance of the period for which the employee gave notice. In the event that an employee fails to give appropriate notice as provided for herein, a permanent record of such failure shall be placed in their his/her personnel file, and the Agency shall cease all payments for the employee’s insurance coverages at the end of the month in which the employee so terminated their his/her employment without having given appropriate notice. The Agency may withhold from payment accrued paid personal time in reverse proportion to the amount of actual notice given by the employee in relation to the required notice. Any employee who is absent for a period of three (3) consecutive scheduled working days without notifying their his/her supervisor shall be deemed to have resigned without having given notice as of their his/her last day of work, except in cases where an employee is unable to give notice. Unless approved by the Agency, no employee may take any unscheduled time off with pay during the notice period. 2. The Agency need not give the notice provided herein, or pay in lieu of notice, to any employee who receives a notice of dismissal for any Category IV violation of the Agency Work Rules or of violations of the Agency Work Rules in accordance with the progressive discipline system provided for therein. However, dismissals for these reasons are subject to the provisions of Paragraphs A and B of this Article. The provisions of this Paragraph C.2 are also specifically applicable to dismissals based solely on inadequate performance. 3. Professional employees and program staff who have completed the probationary period or any extension thereof but who have been employed by the Agency for less than three (3) years, shall, if they receive an evaluation recommending dismissal, receive two (2) weeks’ notice of dismissal. Either the employee or the Agency may elect to immediately terminate the employee. In such event, the employee shall receive two (2) weeks’ pay. Such pay shall be in addition to all other monies, if any, to which the employee is entitled at the time of their his/her termination. 4. Professional employees and program staff who have been employed by one (1) or more of the Agencies for a total of three (3) or more years, shall, if they receive an evaluation recommending dismissal, have their employment continued on re-evaluation status for a period not to exceed sixty (60) calendar days. Prior to the end of the sixty (60) day period, the employee shall be reviewed by their his/her supervisor in conjunction with the Agency’s Head head of Human Resources. Time spent on re-evaluation status shall be in lieu of time for notice of dismissal pay or dismissal pay in lieu thereof as provided for in the preceding paragraphs of this Article XIII. In the event that after receiving an evaluation recommending dismissal, the employee makes no significant improvement in performance, then such employee may be terminated prior to the end of the re-evaluation period if the Agency and employee mutually agree. If such employee is terminated before the end of the sixty (60) day re-evaluation period, they he/she shall receive pay for the balance of the sixty-sixty day (60) day period.