Employee Terminations

Type: 
Procedure
Category: 
Human Resources
Department: 
Human Resources
Phone: 
(541) 463-5313
Primary Contact: 
Dennis Carr
Contact Email: 
Responsible Executive Authority: 
Chief Human Resources Officer
Purpose: 

This procedure describes the criteria for evaluating whether a termination is justified, and the responsibilities of the department administrator and the Human Resources Department when it becomes necessary to terminate an employee.

Narrative: 

Although the State of Oregon is an "employment at will" state, the supervisor's right to terminate employees "at will" is limited by our collective bargaining agreements and by various state and federal laws prohibiting:

  1. Discrimination;
  2. Retaliation for exercising legal rights; and
  3. Termination to prevent pension vesting.

If it becomes necessary to terminate an employee for any reason, the department administrator is responsible for insuring that the termination is justified (see below) and in compliance with all legal requirements.  To avoid wrongful or constructive discharge claims,  the administrator is urged to review all the facts and circumstances of the situation with their supervisor, and with the director of Human Resources or a designee, before taking any final action. 

Conditions for Dismissal Under "Just Cause" Provision

The cause for dismissal must be documented by the employee's supervisor and placed in the employee's personnel file in Human Resources.  The supervisor must confer with the director of Human Resources, the appropriate vice president and the president before taking any action to terminate an employee.  The final decision to dismiss a permanent, full-time employee is made only by the president.

The following conditions are considered to be conditions for the dismissal of an employee under the "just cause" provision:

  1. Inadequate performance;
  2. Insubordination;
  3. Physical or mental incapacity of the employee;
  4. Conviction of a crime involving moral turpitude;
  5. Conviction of a felony;
  6. Failure to comply with such requirements as the college may prescribe to show normal improvement and evidence of professional training and growth;
  7. Failure to qualify for State Department of Education approval to teach (faculty only);
  8. Failure to adhere to the code of ethics of the National Faculty Association (faculty only); and
  9. Failure to adhere to board policy.

Final Paychecks

Terminations require prompt payment of final wages under strict state guidelines.  It is the responsibility of the department administrator to notify Human Resources of the termination immediately so that timelines can be met.

If the employee is in a budgeted position receiving a monthly salary, the department administrator is responsible for completing the following steps no later than the employee's last day of work:

  1. Provide written or verbal notice to Human Resources so that Personnel staff can originate a Personnel Action Form to remove the employee from the department payroll;
  2. Submit a final Leave Record Form for the employee; and
  3. Recover all college equipment and building keys in the employee's possession.

If the employee is an hourly employee, the department administrator is responsible for completing the following steps no later than the employee's last day of work:

  1. Provide written or verbal notice of termination to Human Resources;
  2. Submit a final Individual Time Report to Human Resources;
  3. Submit a final leave record form for the employee if the employee accrues leave; and
  4. Recover all college equipment and building keys in the employee's possession.

(See also Employee Resignations, Retirement and Employee Layoffs and Recall)

Date Adopted: 
Saturday, May 1, 1999
Date Last Reviewed: 
Sunday, September 1, 2002