HR Policy Guidance: Hiring and Termination

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Colorado League of Charter Schools

H.R. Policies

Termination, Resignation, &

Disciplinary Procedures

Jessica M. Johnson, Director of Advocacy Programs

Trish Krajniak, Legal Fellow

Overview

Developing Employment Policies

Termination Policies

Resignation Policies

Disciplinary Policies

Any employee that violates a provision of this handbook on three occasions will be terminated.

Charter School will give at least two weeks’ (14 days) prior notice of an employee’s termination.

Red Flags?

At-Will Employment

Definition:

Colorado follows the legal doctrine of "employment-at-will" which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation. Additionally, neither an employer nor an employee is required to give a reason for the separation from employment.

Benefits:

Promotes efficiency and flexibility in the employment context.

Employment-at-will allows employees to seek out the position best suited for their talents and allows employers to seek out the best employees for their needs.

Colo. Dep’t of Labor & Employment

Sample Termination Policies

School is an at-will employer. In accordance with Colorado state law governing “at-will” employees, a staff member’s employment may be terminated at any time with or without cause and with or without notice at any time, at the option of either School or the employee. As School is an educational organization providing daily student instruction, school may attempt to provide at least two weeks’ prior notice of a termination, however, School maintains the right to provide less than two weeks notice, or no notice of termination.

School and its employees share a working relationship defined as employment-at-will. Simply stated, this means that either party, the school or employee, may terminate the employment relationship at any time, for any reason (which does not violate any applicable law) with or without prior notice.

Employment Applications

School relies upon the accuracy of information contained in the employment application and the accuracy of other data presented throughout the hiring process and employment.

Any misrepresentations, falsification, or material omissions in any of this information or data may result in exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment.

Sample Resignation Policies

School requests that employees provide at least two weeks’ prior notice of resignation in order to provide the least amount of interruption to student instructional time. Upon resignation, staff members must submit a letter to their immediate supervisor and to the principal. Employees that do not provide at least two weeks notice will not be given a letter of recommendation.

Red Flags?

Areas done well?

Sample Resignation Policies

If you wish to resign, you are requested to notify your manager of your anticipated departure date at least two weeks in advance. Of course, as much notice as possible is appreciated by school and your coworkers. This notice should be in the form of a written statement.

Termination and Resignation: What Else?

Things to consider and Plan for:

Deductions from final pay check

Any outstanding financial obligations owed school

Sick time/PTO used that is in excess of accrued time

Return of school property: Parking cards, office keys, any school equipment, credit cards, building passes, etc., must be returned at this time

Administrative policy: Employee access must be terminated (school email, staff internet access to school sites should be canceled, door codes, etc)

Exit Interview: Usually done in the case of resignations/reductions in force

Sample Discipline Policy

CORRECTIVE ACTION

School holds each of its employees to certain work rules and standards of conduct. When an employee deviates from these rules and standards, school expects the employee’s supervisor to take corrective action. Corrective action at school is progressive. That is, the action taken in response to a rule infraction or violation of standards follows a pattern increasing in seriousness until the infraction or violation is corrected. The sequence of corrective actions includes an oral warning, a written warning, probation, and finally termination of employment. In deciding which initial corrective action would be appropriate, a supervisor will consider the seriousness of the infraction, the circumstances surrounding the matter, and the employee’s previous record.

Red Flags?

Sample Discipline Policy

CORRECTIVE ACTION

Employees are expected to meet certain work rules and standards of conduct and performance. Should an employee deviate from these, the school may initiate discipline proceedings, including corrective action. Use of all discipline policies, including corrective action, is in the school’s sole discretion. School is an atwill employer, and as such, an employee’s employment may be terminated at any time with or without cause and with or without notice at any time. Should the school choose to initiate corrective action, its use is progressive. That is, the action taken in response to a rule infraction or violation of standards may follow a pattern increasing in seriousness until the infraction or violation is corrected. The sequence of corrective actions may includes an oral warning, a written warning, probation, and finally termination of employment. The school has sole discretion in determining which initial corrective action would be appropriate and the use of any corrective action.

School considers certain rule infractions and violations of standards as grounds for immediate termination of employment. These include but are not limited to: theft in any form, insubordinate behavior, vandalism or destruction of school property, the use of school equipment and/or school vehicles without prior authorization by the

Administrative an employee.

Staff, dishonesty, divulging school business practices, and misrepresentations of school to a parent, a prospective parent, the general public, or

Recap

Importance of At-Will Statement

Consider use of language that may results in certain obligations of school and rights of employees with regard to termination

Disciplinary policies: Avoid mandatory use of correction action plans

Review policies on annual basis

Document (as they occur) disciplinary issues and grounds for termination

Consult legal counsel before termination

Communicate expectations

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