The University's personnel policies and collective bargaining agreements refer to disciplinary or corrective action as a consequence of an employee's misconduct or failure to perform satisfactorily. They do not provide a definition of just or proper cause for taking such action. Over the years, the opinions of arbitrators in discipline cases have established a set of guidelines or criteria to be applied to the facts of each case, commonly known as the Seven Tests of Just Cause. 1) Reasonable Rule or Work Order. Is the rule or order reasonably related to the orderly, efficient, and safe operation of the business? 2) Notice. Did the employee receive adequate notice of the work rule or performance standard and the possible consequences of failure to comply? 3) Sufficient Investigation. Did you conduct an investigation before making a decision about taking disciplinary or corrective action? 4) Fair Investigation. Was your investigation fair and objective? Have you looked only for evidence to support your theory of what happened? 5) Proof. During your investigation, did you find clear, substantial proof of misconduct or of a performance discrepancy? 6) Equal Treatment. Have you dealt with your employees equally, without discrimination? Have similarly-situated employees received the same discipline? 7) Appropriate Discipline. Is the discipline you propose to take reasonably related to the seriousness of the problem? ............................ DISCIPLINE Seven Tests of Just Cause .. .. .. .. .. .. .. .. .. .. .. .. .. . 7 Tests of Just Cause Before issuing any discipline letters, review the “7 Tests of Just Cause” to determine if discipline is appropriate. Refer to pages 1 for a detailed explanation of the “7 Tests”. Proof of Service What is Proof of Service and When is it Used? Proof of Service is a method of verifying that a document has been transmitted to an individual, union, or an individual’s representative. A Proof of Service may be required under certain provisions of a collective bargaining agreement or the Personnel Policies for Staff Members (PPSM). Managers and supervisors should review the appropriate article or policy when taking an action. Who Signs a Proof of Service? The signer on the Proof of Service cannot be a party to the subject matter of the document. In other words, the supervisor signing the discipline letter cannot sign the Proof of Service. The signer to the Proof of Service should not be a bargaining unit employee or a subordinate of the individual to whom the document is addressed. Proof of Service by Personal Delivery When delivery is to be made by personal presentation, the person who will actually deliver the document(s) should complete the “Proof of Service - PERSONAL DELIVERY” form and hand the document to the addressee. Some points to remember: The individual who signs the Proof of Service must actually hand the document to the addressee. A copy of the Proof of Service form should be attached to copies of the transmitted document that will be retained in the department. Proof of Service by Mail Delivery When delivery is by United States Mail, the person who is going to mail the document fills out the “Proof of Service - MAIL DELIVERY” form and mails it with the document. Some points to remember: The envelope should be addressed to the employee’s last known address. The person signing the form should place the document(s) in the envelope, including a copy of the Proof of Service, seal it, affix sufficient US Postage to insure First Class delivery, and deposit the envelope in a United States Postal Service (USPS) deposit box before the last scheduled pickup on the date the Proof of Service is signed. A copy of the Proof of Service form should be attached to copies of the transmitted document that will be retained in the department. ............................ DISCIPLINE Guidelines for Informational and Disciplinary Letters .. .. .. .. .. .. .. .. .. .. .. .. .. . Counseling Meetings/Letters of Information Employees do not have the right to representation during counseling meetings since these sessions do not lead to disciplinary action. Letters of information (also known as counseling memos or summaries of conversation) are not considered disciplinary nor are they grievable or arbitrable. These letters should summarize your conversations and include specific incidents and clear expectations. The tone of your counseling meeting and the letter of information should not sound like a reprimand. Again, the purpose is to provide coaching and expectations and to document your conversations. The following wording should not be included in letters of information, “Failure to meet these requirements will result in further disciplinary action, up to and including dismissal”. This wording will make the letter disciplinary. You may take disciplinary action when other methods such as counseling, performance appraisal, or issuance of letters of information have not been successful. In cases of serious misconduct, you may choose to proceed straight to disciplinary action. However, you must contact the HR Supervisor and Director before proceeding. Unions and Employee Relations are not copied on letters of information. Retention Period for Informational and Discipline Letters Generally, records of corrective action shall be destroyed after two consecutive years during which there has been no further similar or related corrective action. Counseling memoranda (Letters of Information) and/or written records of discussion, in and of themselves, are not discipline and are not required to be removed from the personnel file. However, many contracts state that upon the employee's written request, counseling memoranda and/or written records of discussion will be removed from the employee's personnel file(s) if there have been no other such memoranda relating to or disciplinary action on the same or similar issue(s) for a two-year period. Refer to the appropriate contract or policy for more specific information. Limited and Student (Casual-Restricted) Employees We do not issue discipline letters to limited and student (casual-restricted) employees. These employees may be released at anytime at the discretion of the University without recourse to grievance and arbitration procedures. However, we encourage you to issue at least one letter of information, unless an immediate release is warranted due to serious misconduct. Supervisors may also opt to issue a second letter of information relating to the same or similar incident (i.e., attendance matters) before proceeding to a release. Consult with Student Employment Supervisor before proceeding with a student release. Additional Guidelines for Student (Casual/Restricted) Employees All casual/restricted personnel (students) are covered by Personnel Policies for Staff Members (PPSM). By employing students, we recognize that we need to be flexible and help them to develop the right skills and a sense of personal responsibility. We use the same developmental philosophy towards students as used for career staff with respect to training and evaluations, however, corrective procedures for student staff are somewhat different. Student staff do not have the same rights in regards to the progressive discipline process used for career staff. Student staff should be given expectations at the earliest opportunity to improve their performance, attendance, or behavior. All informal corrective actions and releases should follow the Seven Tests of Just Cause as stated in the "Guide to Managing Human Resources," as well as the abbreviated guidelines below. Informal discussions or Letter of Information (LOI) 1. Discuss the performance, attendance or behavior incident with the student. 2. 3. 4. 5. 6. Clarify what was inappropriate and how the incident should be handled in the future. Explore alternative solutions such as training or pairing with another employee. Clearly explain future expectations. At this point, you can choose to write a LOI or leave this as an informal discussion. If you opt for an informal discussion, it is recommended that you write a LOI the next time an incident occurs. If you write a LOI, please follow the sample LOI for Student (Casual/Restricted) Employees. Document the incident and conversation. All letters must be approved in advance by the Student Employment Supervisor before they can be given to the employee. Release from Appointment 1. Document the incident. 2. Discuss the incident with HR Supervisor. A meeting with the employee may need to be scheduled before releasing the employee if the incident is related to misconduct. 3. Once a release has been decided, follow the sample Release from Appointment letter for Student (Casual/Restricted) Employees and include the Defined Contribution Plan (DCP) statement. 4. All letters must be approved in advance by HR Supervisor before they can be given to the employee. Release due to Job Abandonment 1. Attempt to make contact via telephone to ascertain reason for absence. If contact is made, discuss reasons for unapproved absence and next step with HR Supervisor. 2. If no contact is made, prepare a Release due to Job Abandonment for Student (Casual/Restricted) Employees including the Defined Contribution Plan (DCP) statement. 3. All letters must be approved in advance by HR Supervisor before they can be given to the employee. Job Status: Include status before recipient’s title (i.e., Limited Sr. Custodian) on all letters. Witness Statements: Include names and titles of those involved (witnesses) and attach witness statements. A witness statement is a handwritten or typed statement including details of incident written in witness’ own words (can be in own language), and is dated and signed by the witness. Employee Response: Include employee’s response if there was a meeting or discussion with employee regarding incident or in follow-up letter to Intent to Dismiss if employee responded within response period. Previous Expectations: Provide how previous expectations were delivered orally and in writing and include brief description of reason for action (i.e., orally on [date] and in writing in a letter of information dated [date] regarding your excessive absenteeism and not arriving to work on time and in a letter of warning dated [date] regarding not following call-in procedures). Reiterate Expectations: Reiterate expectations that were provided in previous related letters for consistency. Add further expectations and/or cite related standards and work rules if needed. Attachments: Attach Proof of Service (if applicable) and copies of documents referenced in letter, i.e., previous documentation, written standards and/or work rules, witness statements, time reports, etc. Dates: Check for accuracy. For disciplinary letters, check the Discipline Letter Reference Chart (at the end of this chapter) to ensure that response periods and effective dates are in compliance with policy/contract guidelines. Refer to the appropriate Hours of Work contract article for notice periods for schedule changes. Check that dates of letter and proof of service are the same. Copies and distribution of letters Sent with proof of service by mail: send recipient original letter, proof of service, and written statements with copies of previous and other supporting documentation. Make sure that proofs of service by mail are postmarked same day as date of letter (placed in the United States mail with pick up time of 5:00 p.m. or earlier the day of issuance). Distributed by hand delivery: hand deliver to recipient original letter, proof of service (if applicable), and written statements with copies of previous and other supporting documentation. Letters that are copied to the union: mail the same day as date of letter. For dismissal and release letters (in order to meet separation pay law): Notify Payroll Manager and submit Separation Form and employee’s current timesheet. Ensure separation date has been entered into HCM. Letters that are not copied to the union: place copies in departmental mail the day of issuance. ............................ DISCIPLINE Reminder Checklist for Writing Letters .. .. .. .. .. .. .. .. .. .. .. .. .. . Instructions Send drafts of all letters to Teri Mortimer for review. Letters or drafts of letters sent via e-mail must not contain the employee’s name. Use University letterhead. Refer to Reminder Checklist to assist you in completing the process. Refer to attached Discipline Letter Reference Chart (at the end of this chapter) to determine the policy or article #, appeal rights, and other information to include in the letters. We do not issue discipline letters to limited and student (casual-restricted) employees (see page 2 of this chapter for guidelines for letters to student employees). Non-Disciplinary Letters Page Schedule/Location Change 7 Notice of Investigatory Leave 8 Notice of Meeting 9 Letter of Information 10 Letter of Information 11 Disciplinary Letters for Career Employees (Non-Probationary) Letter of Warning 12 Suspension (5 days or less) 13 Intent to Suspend (6 days or more) 14 Suspension (6 days or more) 15 Release/Dismissal Letter Release during Probationary Period 16 Intent to Dismiss 17 Intent to Dismiss due to Job Abandonment 18 Resignation due to Job Abandonment 19 Dismissal 20 Letter of Release 21 Release from Appointment 22 Release due to Job Abandonment 23 Applies to: All Staff All Staff All Staff Career/Probationary/Limited Student Career Career Career Career Probationary Career Career (except CUE and UPTE) Career CUE and UPTE Career Limited Student Student ............................ DISCIPLINE Sample Informational and Disciplinary Letters .. .. .. .. .. .. .. .. .. .. .. .. .. . Schedule/Location Change [Date] [Employee's First and Last Name] [Job Status - Title] [Campus or Home Address] Re: Change in [Schedule/Location] Dear [Name]: This is to confirm with you a [temporary / permanent] change in your work [schedule / location] due to business necessity. Effective [date] through [date], your work location will be [state location] and schedule will be as stated below. CURRENT SCHEDULE: NEW SCHEDULE: Monday _____________________ Tuesday _____________________ Wednesday _____________________ Thursday _____________________ Friday _____________________ Saturday _____________________ Sunday _____________________ Monday ____________________ Tuesday ____________________ Wednesday ____________________ Thursday ____________________ Friday ____________________ Saturday ____________________ Sunday ____________________ Should you have any questions concerning this [temporary / permanent] change in your work [schedule / location], please do not hesitate to contact me. Sincerely, [Supervisor's Name] [Title] cc: Employee Personnel File [Director] [Supervisor] HRDirector [Employee's Representative, if appropriate] [Union, if appropriate] REMINDER: Refer to the appropriate Hours of Work policy or contract article for notice periods for schedule changes. Notice of Investigatory Leave [Date] [Employee's First and Last Name] [Job Status - Title] [Campus or Home Address] In accordance with [cite applicable policy provision or contract article], this is to notify you that you are being placed on investigatory leave [with pay / without pay] for allegation of [e.g., attendance, performance, behavior, misconduct, misappropriation of University resources, etc.]. While on investigatory leave, you may not enter the work site, including all (specific unit) work locations, for any purpose, unless you have made prior arrangements with [name]. You may not access University resources, including but not limited to computer resources. You may not destroy or in any way alter files or materials, including computer files. You may not interact with any (specific unit) (unit) employees or use any other Residential and Student Service Programs resources. We expect that the investigation will require no longer than [# of days] days to complete. During the investigation, we or [investigating party such as Human Resources, etc.] may wish to speak to you to discuss the findings to date. You will be contacted to arrange meetings, and we expect you to remain available to meet with us. If you have questions or concerns about any of the issues raised in this letter, feel free to contact Brenda Greenwood, Director of Human Resources and Training at (510) 642-0582. Sincerely, [Supervisor's Name] [Title] Attachments: Proof of Service cc: Employee Personnel File [Executive Director] [Director] [Supervisor] HR Director Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] REMINDER: For UPTE and CUE employees, must send letter to last known home address within 3 days after the leave is effective. Career employees are paid during investigatory leave, other employees are not paid. Notice of Meeting [Date] [Employee's First and Last Name] [Job Status - Title] [Campus or Home Address] A meeting has been scheduled for you to attend on [date] and [time (am/pm)] to discuss your [e.g., attendance, performance, behavior, misconduct, misappropriation of University resources, investigation findings, etc.], specifically, [provide details, e.g., punching in 30-60 minutes prior to the start of your shift]. This meeting will be attended Supervisor and [list names of those who will be present]. The meeting will be held at X Since this meeting may lead to disciplinary action, you have the right to representation. If you have questions, please contact HR. Sincerely, [Supervisor's Name] [Title] Attachments: Proof of Service cc: Employee Personnel File [Executive Director] [HR Director] Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Career and Limited Letter of Information (not a disciplinary action) [Date] [Employee's First and Last Name] [Job Status - Title] [Campus or Home Address] Dear [Employee]: This is a letter of information to summarize our conversation of [date]. We met in my office at [time] to discuss your [performance/attendance/behavior]. [List deficiencies including dates (and times if available), including names and titles of those involved and attach written witness statements]. We discussed [document the conversation as it actually happened and include the employee's side]. My expectations are that you will [describe performance/attendance/behavioral expectations, and attach copies of written standards and/or work rules e.g. Statement of Values, Respect & Civility]. Please see me immediately if you wish to discuss this matter further. [Supervisor’s Name] [Title] Attachments: [Documents referenced in letter] cc: Employee Personnel File [Director] [Supervisor] HR Director REMINDERS: Record the conversation promptly, while your memory is still fresh. Describe the conversation as it actually happened. Include the employee's side. The employee should not be surprised and could not honestly disagree with its content. Limited employees are not issued disciplinary letters. Instead, supervisors may opt to issue a second Letter of Information relating to a same or similar incident (i.e., attendance matters) before proceeding to a release. Student (Casual/Restricted) Letter of Information (not a disciplinary action) [Date] [Employee's First and Last Name] [Student - Title] [Campus or Home Address] Dear [Employee]: This is a letter of information to summarize our conversation of [date]. We met in my office at [time] to discuss your [performance/attendance/behavior]. [List deficiencies including dates (and times if available), including names and titles of those involved and attach written statements]. We discussed [document the conversation as it actually happened and include the employee's side]. My expectations are that you will [describe performance/attendance/behavioral expectations, and attach copies of written standards and/or work rules]. Please see me immediately if you wish to discuss this matter further. [Supervisor’s Name] [Title] Attachments: [Documents referenced in letter] cc: Employee Personnel File [Director] [Supervisor] Career Letter of Warning [Date] [Employee's First and Last Name] [Career - Title] [Campus or Home Address] Dear [Employee's Name]: In accordance with [cite applicable policy provision or contract article], this is a letter of [warning/final letter of warning]. This action is based on your [performance/attendance/behavior]. [List deficiencies including dates (and times if available), including names and titles of those involved and attach written witness statements. If there was a conversation, document the conversation as it actually happened and include the employee's side.] On previous occasions detailed reviews of expectations regarding your [performance/attendance/ behavior] have been undertaken to ensure that you understand the requirements of your position. Expectations were discussed with you orally [list dates] and in writing [list dates, type of document such as performance appraisal, letter of information or letter of warning, and include brief summary of each; attach copies (refer to Reminder Checklist, page 2, number 4)]. However, you continue to fail to meet these expectations. Your failure to adhere to the requirements of your job on an ongoing basis has a serious impact on the operations of our department, [unit name], and our ability to meet our goals. [Describe in detail, e.g., interrupted service to clients, missed payroll deadlines, safety hazards, overtime for other employees.] Once again, you are expected to [reiterate performance/attendance/behavioral expectations, and attach copies of written standards and/or work rules, e.g. Statement of Values, Respect & Civility; Dining Services Career Employee Guide, etc.]. Failure to meet these requirements will result in further disciplinary action, up to and including dismissal. You may review [cite applicable policy provision or contract article] for your possible appeal rights. Sincerely, [Supervisor's Name] [Title] Attachments: [Documents referenced in letter] Proof of Service cc: Employee Personnel File [Executive Director or Director] [Supervisor HR Director Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Career Letter of Suspension (Use if suspension is 5 or less days, no Letter of Intent required) [Date] [Employee's First and Last Name] [Career - Title] [Campus or Home Address] Dear [Employee]: In accordance with [cite applicable policy provision or contract article], this is a notice to suspend you from University employment for a period of [# of days] working days effective [date]. The suspension will be without pay. You are expected to return to work on [date] at [time (am/pm)]. This action is based on your [performance/attendance/behavior]. [List deficiencies including dates (and times if available), including names and titles of those involved and attach written witness statements. If there was a conversation, document the conversation as it actually happened and include the employee's side.] Previously, detailed reviews of expectations regarding your [performance/attendance/behavior] were undertaken to ensure that you understood the requirements of your position. Expectations were discussed with you orally [list dates] and in writing [list dates, type of document such as performance appraisal, letter of information or letter of warning, and include brief summary of each; attach copies (refer to Reminder Checklist, page 2, number 4)]. However, you have continued to fail to meet these expectations. Once again, you are expected to [reiterate performance/attendance/behavioral expectations, and attach copies of written standards and/or work rules, e.g. Statement of Values, Respect & Civility; Dining Services Career Employee Guide, etc. if haven't distributed recently]. Failure to meet these requirements will result in further disciplinary action, up to and including dismissal. You may review [cite applicable policy provision or contract article] for your possible appeal rights. Sincerely, [Supervisor's Name] [Title] Attachments: [Documents referenced in letter] Proof of Service cc: Employee Personnel File [Executive Director or Director] [Supervisor] HR Director Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Career Letter of Intent to Suspend (Use for suspensions of 6 or more days) [Date] [Employee's First and Last Name] [Career - Title] [Campus or Home Address] Dear [Employee]: In accordance with [cite applicable policy provision or contract article], this is a notice of intent to suspend you from University employment for a period of [# of days] working days effective [date]. The suspension will be without pay. You are expected to return to work on [date] at [time (am/pm)]. This intended action is based on your [performance/attendance/behavior]. [List deficiencies including dates (and times if available), including names and titles of those involved and attach written witness statements. If there was a conversation, document the conversation as it actually happened and include the employee's side.] Previously, detailed reviews of expectations regarding your [performance/attendance/behavior] were undertaken to ensure that you understood the requirements of your position. Expectations were discussed with you orally [list dates] and in writing [list dates, type of document such as performance appraisal, letter of information or letter of warning, and include brief summary of each; attach copies (refer to Reminder Checklist, page 2, number 4)]. However, you have continued to fail to meet these expectations. Once again, you are expected to [reiterate performance/attendance/behavioral expectations, and attach copies of written standards and/or work rules, e.g. Statement of Values, Respect & Civility; Dining Services Career Employee Guide, etc.]. Failure to meet these requirements will result in further disciplinary action, up to and including dismissal. You have the right to respond to this notice either orally or in writing, within [# of days] calendar days from the date of this letter. Please direct your response to [Next Level Reviewer's name, campus address, and phone number]. Sincerely, [Supervisor's Name] [Title] Attachments: [Documents referenced in letter] Proof of Service cc: Employee Personnel File [Next Level Reviewer] [Executive Director or Director] [Supervisor] HR Director Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Career Letter of Suspension (Use as follow up from Letter of Intent to Suspend for suspensions of 6 or more days) [Date] [Employee's First and Last Name] [Career - Title] [Campus or Home Address] Dear [Employee]: I received your response to the [date] letter of intent to suspend you and my decision has not changed. [Explain reasons for proceeding with suspension]. OR You did not respond to the [date] letter of intent to suspend you so my decision has not changed. Consequently, in accordance with [cite applicable policy provision or contract article] this is to confirm that you will be suspended for a period of [# of days] working days effective [begin date] through [end date]. The suspension will be without pay. You are expected to return to work on [date] at [time (am/pm)]. The suspension is due to your [performance/attendance/behavior]. Once again, you are expected to [reiterate performance/attendance/behavioral expectations]. Failure to meet these requirements will result in further disciplinary action, up to and including dismissal. You may review [cite applicable policy provision or contract article] for your possible appeal rights. Sincerely, [Next Level Reviewer's Name] [Title] Attachments: Letter of Intent to Suspend [Employee Response, if provided] Proof of Service cc: Employee Personnel File [Executive Director or Director] [Unit Manager] [Supervisor] HR Director Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Probationary Release during Probationary Period [Date] [Employee's First and Last Name] [Title] [Campus or Home Address] Dear [Employee]: This is to inform you that you are being released during probation in accordance with [cite applicable policy provision or contract article]. Your employment with X will end effective [date -- see note below]. Sincerely, [Supervisor's Name] [Title] Attachments: [Documents referenced in letter] Proof of Service cc: Employee Personnel File [Executive Director] [Director] [Supervisor] HR Director Payroll Manager [attach Separation Form] Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Career Letter of Intent to Dismiss [Date] [Employee's First and Last Name] [Career - Title] [Campus or Home Address] Dear [Employee]: In accordance with [cite applicable policy provision or contract article], this is a notice of intent to dismiss you from University employment effective [date, to be set with policy/contract guidelines – see note below]. This intended action is based on your [performance/attendance/behavior]. [List deficiencies including dates (and times if available), including names and titles of those involved and attach written witness statements. If there was a conversation, document the conversation as it actually happened and include the employee's side.] Previously, detailed reviews of expectations regarding your [performance/attendance/behavior] were undertaken to ensure that you understood the requirements of your position. Expectations were discussed with you orally [list dates] and in writing [list dates, type of document such as performance appraisal, letter of information or letter of warning, and include brief summary of each; attach copies (refer to Reminder Checklist, page 2, number 4)]. However, you have continued to fail to meet these expectations. Your [performance/attendance/behavior] has had a serious negative impact on our operation, and can no longer be tolerated. You have the right to respond to this notice either orally or in writing, within [# of days] calendar days from the date of issuance. Please direct your response to [Next Level Reviewer's name, campus address, and phone number]. Sincerely, [Supervisor's Name] [Title] Attachments: [Documents referenced in letter] Proof of Service cc: Employee Personnel File [Next Level Reviewer] [Executive Director] [Director] [Assistant Director] [Unit Manager] HR Director Payroll Manager Employee Relations Specialist [Employee’s Representative, if appropriate] [Union, if appropriate] Career, not CUE or UPTE Letter of Intent to Dismiss due to Job Abandonment (career, not CUE or UPTE) (Use for abandonment of 5 consecutive scheduled work days or more) [Date] [Employee's First and Last Name] [Career - Title] [Campus or Home Address] Dear [Employee]: In accordance with [cite applicable policy provision or contract article], this is a notice of intent to dismiss you from University employment effective [date, to be set with policy/contract guidelines – see note below]. This intended action is based on job abandonment. You were scheduled to work on [list dates]; however, you failed to report to work and did not inform me that you would be unable to work. By abandoning your job without notice, you placed an unfair burden on your co-workers and negatively impacted our business operation. You have the right to respond to this notice either orally or in writing, within [# of days] calendar days from the date of issuance. Please direct your response to [Next Level Reviewer's name, campus address, and phone number]. Sincerely, [Supervisor's Name] [Title] Attachments: Proof of Service cc: Employee Personnel File [Next Level Reviewer] [Executive Director] [Director] [Supervisor] HR Director Payroll Manager Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Career, CUE or UPTE Letter of Resignation due to Job Abandonment (CUE or UPTE) scheduled work days or more) [Date] [Employee's First and Last Name] [Career - Title] [Campus or Home Address] Dear [Employee]: You have not come in or called for _____ days, therefore pursuant to [cite applicable policy provision or contract article], we consider you have resigned due to job abandonment effective _______. You were scheduled to work on [list dates]; however, you failed to report to work and did not inform me that you would be unable to work. By abandoning your job without notice, you placed an unfair burden on your co-workers and negatively impacted our business operation. You have the right to respond to this notice either orally or in writing, within 14 calendar days from the date of issuance. Please direct your response to [Next Level Reviewer's name, campus address, and phone number]. Sincerely, [Supervisor's Name] [Title] Attachments: Proof of Service cc: Employee Personnel File [Next Level Reviewer] [Executive Director] [Director] [Unit Manager] HR Director Payroll Manager Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Career Letter of Dismissal (Use as follow-up from Letter of Intent to Dismiss) [Date] [Employee's First and Last Name] [Career - Title] [Campus or Home Address] Dear [Employee]: I received your response to the [date] letter of intent to dismiss you and my decision has not changed. The reasons for proceeding with your dismissal are due to [explain reasons for proceeding with dismissal]. OR You did not respond to the [date] letter of intent to dismiss you so my decision has not changed. Consequently, in accordance with [cite applicable policy provision or contract article] this is to confirm your dismissal from University employment, effective [date, to be set with policy/contract guidelines – see note below]. This dismissal is due to your [performance/attendance/behavior/job abandonment]. You may review [cite applicable policy provision or contract article] for your possible appeal rights. Sincerely, [Next Level Reviewer's Name] [Title] Attachments: cc: Letter of Intent to Dismiss [Employee Response, if provided] Proof of Service Employee Personnel File [Executive Director] [Director] [Supervisor] HR Director Payroll Manager [attach Separation Form] Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Limited Letter of Release (For limited employees - no Letter of Intent required) [Date] [Employee's First and Last Name] [Limited - Title] [Campus or Home Address] Dear [Employee]: In accordance with [cite applicable policy provision or contract article], this is to inform you of your release from University employment. Your employment with X will end effective [date -- see note below]. Sincerely, [Supervisor's Name] [Title] Attachments: cc: Proof of Service Employee Personnel File [Director] [Supervisor] HR Director Payroll Manager [attach Separation Form] Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Student (Casual/Restricted) Release from Appointment [Date] [Employee's First and Last Name] [Student - Title] [Campus or Home Address] Dear [Employee]: In accordance with Personnel Policies for Staff Members, Policy 61, this is to inform you of your release from your position as [payroll title] in the department of X, effective [date—see note below]. Upon separation from all University employment, you may be eligible for a refund from the Defined Contribution Plan (DCP). If you are eligible, the Payroll office will send you a DCP packet within four weeks. This packet includes the forms necessary to request the refund. You may wish to review Personnel Policies for Staff Members for possible appeal rights. Sincerely, [Supervisor's name] [Title] Attachment: cc: ] Proof of Service Employee Personnel File [Director] [Supervisor] HR Director Payroll Manager [attach Separation Form] Employee Relations Specialist [Employee's Representative, if appropriate] [Union, if appropriate] Student (Casual/Restricted) Release due to Job Abandonment [Date] [Employee's First and Last Name] [Student - Title] [Campus or Home Address] Dear [Employee]: In accordance with Personnel Policies for Staff Members, Policy 61, this is to inform you of your release from your position as [payroll title] in the department of X, effective [date—see note below]. This action is based on job abandonment. You were scheduled to work on [list dates]; however, you failed to report to work and did not inform me that you would be unable to work. By abandoning your job without any notice, you placed an unfair burden on your co-workers and negatively impacted our business operation. Upon separation from all University employment, you may be eligible for a refund from the Defined Contribution Plan (DCP). If you are eligible, the Payroll office will send you a DCP packet within four weeks. This packet includes the forms necessary to request the refund. You may wish to review Personnel Policies for Staff Members for possible appeal rights. Sincerely, [Supervisor's name] [Title] Attachment: cc: Proof of Service Employee Personnel File [Director] [Unit Manager] HR Director Employee Relations Specialist Payroll Manager [attach Separation Form] Discipline Reference Chart (use with Sample Letters) Note: Discipline letters are not issued to limited and student (casual-restricted) employees (see page 2 for guidelines for letters to these employees). Investigatory Leave Clerical Careers Clerical Limited Contract or Policy UC/CUE Agreement for Clerical and Allied Services Employees None PSS All staff (inc. students) Personnel Policies for Staff Members Service Careers Service Limited Technical Careers Technical Limited Trades Careers Letter of Warning Clerical Nonprobationary careers PSS Nonprobationary careers Service UC/AFSCME Agreement for Service Employees None UC/UPTE Agreement for Technical Employees None UC/ACBCTC Agreement for Skilled Crafts Employees Contract or Policy UC/CUE Agreement for Clerical and Allied Services Employees Policy or Article # Appeal Rights Letter of Intent Required? Article 5 N/A No cc: CUE None N/A No cc: CUE Policy 63 N/A No Article 7 N/A No cc: AFSCME None N/A No cc: AFSCME Article 7 N/A No cc: UPTE None N/A No cc: UPTE Article 20 N/A No cc: ACBCTC Appeal Rights Letter of Intent Required? Policy or Article # Notes/ Terminology Notes/ Terminology You may wish to refer to the UC/CUE Agreement for possible appeal rights. No Personnel Policies for Staff Policy 62 Members You have a right to request review of this action under Policy 70: Complaint Resolution. No Nonprobationary careers UC/AFSCME Agreement for Service Employees Article 7 You may wish to refer to the UC/AFSCME Agreement for possible appeal rights. No cc: AFSCME Technical Nonprobationary careers UC/UPTE Agreement for Technical Employees Article 7 You may wish to refer to the UC/UPTE Agreement for possible appeal rights. No cc: UPTE Trades Nonprobationary careers UC/ACBCTC Agreement for Skilled Crafts Article 20 Employees You may wish to refer to the UC/ACBCTC Agreement for possible appeal rights. No cc: ACBCTC Article 5 cc: CUE Intent to Suspend/ Suspension Contract or Policy Clerical Nonprobationary careers PSS Nonprobationary careers UC/CUE Agreement for Clerical and Allied Services Employees Policy or Article # Article 5 Appeal Rights You may wish to refer to the UC/CUE Agreement for possible appeal rights. Letter of Intent Required? Notes/ Terminology Yes if suspension is 6 work days or cc: CUE more; response = 10 calendar days For exempt employees, suspension must be in increments of one workweek. Personnel Policies for Staff Policy 62 Members You have a right to request review of this action under Policy 70: Complaint Resolution. Yes; response = 8 calendar days Service Nonprobationary careers UC/AFSCME Agreement Article 7 for Service Employees You may wish to refer to the UC/AFSCME Agreement for possible appeal rights. Yes if suspension is 6 work days or cc: AFSCME more; response = 10 calendar days. Technical Nonprobationary careers UC/UPTE Agreement for Technical Employees You may wish to refer to the UC/UPTE Agreement for possible appeal rights. Yes if suspension is 6 work days or cc: UPTE more; response = 10 calendar days Trades Nonprobationary careers UC/ACBCTC Agreement for Skilled Crafts Employees You may wish to refer to the UC/ACBCTC Agreement for possible appeal rights. Yes if suspension is 6 work days or more; response = 15 calendar days Article 7 Article 20 ............................ cc: ACBCTC Intent to Dismiss/ Dismissal Contract or Policy Policy or Article # Appeal Rights Letter of Intent Required? Notes/ Terminology Clerical Limited UC/CUE Agreement for Clerical and Allied Services Employees Article 28 None Clerical Nonprobationary careers UC/CUE Agreement for Clerical and Allied Services Employees Article 5 You have the right to respond to this notice either orally or in writing, within 10 calendar days from the date of issuance. PSS Limited, students Personnel Policies for Staff Policy 61 Members None PSS Nonprobationary careers Personnel Policies for Staff Policy 64 Members You have a right to request review of this action under Policy 70: Complaint Resolution. Service Limited UC/AFSCME Agreement for Service Employees Article 29 None Service Nonprobationary careers UC/AFSCME Agreement for Service Employees Article 7 You may wish to refer to the UC/AFSCME Agreement for possible appeal rights. Technical Limited UC/UPTE Agreement Technical Employees Article 31 None Technical Nonprobationary careers UC/UPTE Agreement Technical Employees Article 7 You may wish to refer to the UC/UPTE Agreement for possible appeal rights. Yes; response = 10 calendar days dismissal cc: UPTE Trades Nonprobationary careers UC/ACBCTC Agreement for Skilled Crafts Employees Article 20 You may wish to refer to the UC/ACBCTC Agreement for possible appeal rights. Yes; response = 15 calendar days cc: ACBCTC ............................ No Yes; response = 10 calendar days No Yes, notice = 15 calendar days; response = 8 calendar days release CUE dismissal cc: CUE release termination No termination cc: AFSCME Yes; response = 10 calendar days dismissal cc: AFSCME No termination cc: UPTE cc: Intent to Dismiss Job Abandonment Contract or Policy Clerical Nonprobationary careers PSS Silent Service Nonprobationary careers Technical Nonprobationary careers Trades Silent Release during Probation Clerical Probationary careers Service UC/CUE Agreement for Clerical and Allied Services Employees Policy or Article # Appeal Rights Letter of Intent Required? Notes/ Terminology You may wish to refer to the UC/CUE Agreement for possible appeal rights. Yes; response = 14 calendar days resignation cc: CUE UC/AFSCME Agreement Articles 7 and for Service Employees 35 You may wish to refer to the UC/AFSCME Agreement for possible appeal rights. Yes; response = 10 calendar days dismissal cc: AFSCME UC/UPTE Agreement Technical Employees You may wish to refer to the UC/UPTE Agreement for possible appeal rights. Yes; response = 14 calendar days resignation cc: UPTE Contract or Policy UC/CUE Agreement for Clerical and Allied Services Employees Article 32 Article 35 Policy or Article # Appeal Rights Letter of Intent Required? Notes/ Terminology Article 29 None No cc: CUE Probationary careers UC/AFSCME Agreement Article 29 for Service Employees None No cc: AFSCME Technical Probationary careers UC/UPTE Agreement Technical Employees None No Must include general reason for release cc: UPTE Trades Probationary careers UC/ACBCTC Agreement for Skilled Crafts Article 9 Employees None No cc: ACBCTC Article 32 ............................
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