At Will Employment
Your employment with the Company is at will. This means your employment is for an indefinite period of time and is subject to termination by you or the Company, with or without cause, with or without notice, and at any time. Nothing in this employee guide or any Company policy shall be interpreted to be in conflict with or to modify/eliminate, in any way, the at will employment status of Company employees.
The at will employment status of an employee for the Company may be modified only in a written employment agreement with that employee which is signed by the highest ranking Human Resources official for the Company.
Termination of Employment
Employment with the Company is on an at-will basis and may be terminated voluntarily or involuntarily at anytime. In order to ensure uniform and consistent procedures for employee terminations, the Company has established rules applicable to all such terminations. Upon termination, an employee should:
- continue to work until the last scheduled day of employment;
- turn in all reports and paperwork required to be completed by the employee when due and no later than the last day of work;
- return all files, documents, equipment, keys, access credentials, software, or other property belonging to the Company that are in the employee’s possession, custody, or control, and turn in all job-specific passwords to an IT Administrator; and
- participate in an exit interview upon request.
The Company recognizes that personal situations may arise which require a voluntary termination (i.e. the employee initiates the termination) of employment. Should this occur, the Company requests that the employee provide two (2) weeks advance notice in writing. This request does not alter an employee’s at-will relationship with the Company.
All rights and privileges of employment with the Company terminate upon the date of termination. Terminating employees are required to return all company assets assigned to them. Failure to do so may result in the withholding of their final paycheck or litigation based on circumstances and when deemed appropriate.
When the Company initiates a termination (i.e. the employee is terminated), the termination is considered involuntary. Involuntary terminations may occur for a variety of reasons, including with cause (employee transgression or wrongdoing) or without cause (i.e. as a part of a layoff).
When practicable, employees will be warned and counseled. However, failure to correct behavior or further violation of company policy may result in additional disciplinary action, up to and including termination. Depending on the nature of the offense, the Company reserves the right to terminate any employee without warning.
All involuntary terminations must be approved by the employee’s direct manager, and in coordination with Human Resources. Notwithstanding the previously mentioned, should the direct manager not be present when serious misconduct occurs, an indirect manager, or Human Resources may immediately suspend the employee from duty, until the termination is approved by the direct manager, and when coordinated with Human Resources.
Although the Company hopes that employment with the Company will be a mutually rewarding experience, it is understood that varying circumstances do cause employees to voluntarily resign from their employment. Should this time come, employees are asked to follow the guidelines below regarding notice and exit procedures:
Notice of Resignation Employees are encouraged to provide two weeks’ notice to facilitate a smooth transition out of the organization. If an employee provides less notice than requested, the employer may deem the individual to be ineligible for rehire depending on the circumstances regarding the notice given.
Form of Resignation Notice All resignations shall be confirmed in writing. Employees may wish to complete the Employee Resignation Form provided by the company for this purpose or may submit other written notice that must include the reason for leaving and the effective date.
Pay in Lieu of Notice Management reserves the right to provide an employee with two weeks’ pay in lieu of notice in situations where job or business needs warrant. Such a decision should not be perceived as reflecting negatively on the employee, given that it may be due to a variety of reasons not known to the individual or other employees.
Resignation for Failure to Report to Work Employees who fail to report to work for three consecutive days without properly communicating to their direct manager the reasons for their absence will be viewed as voluntarily resigning from their employment as of the third day.
Rescission of Resignation Employees will not be allowed to rescind a resignation, whether given verbally or in writing, once the resignation has been confirmed by the employer. Employees who wish to discuss concerns about their continued employment before making a final decision to resign are encouraged to bring their concerns to Human Resources. Human Resources will attempt to maintain the highest level of confidentiality permissible depending on the circumstance(s).
The Company may request a mandatory exit interview upon notice of termination. The purpose of the exit interview is to complete necessary records, reiterate company policy, collect assets, and discuss employment experiences with the Company. An exit interview helps the Company to obtain information that may be useful in improving employee relations as well as to provide additional information to the terminated employee regarding benefits, among other topics. When mandatory and appropriate, failure to complete an exit interview may result in further action including, but not limited to the withholding of final paycheck and/or litigation.
Eligibility for Rehire
Employees who resign in good standing and whose documented performance is above average under the organization’s performance management system will be eligible for reemployment for a period of up to six months from the last date of employment, with benefits tied to seniority reinstated in full. Former employees will be considered for open positions along with all other candidates. Former employees who apply for reemployment after six months will be treated as new employees for purposes of seniority-related benefits.
Reporting of Employee Departures
All departing employees, regardless of the circumstances surrounding their departure, will be reported to all staff when necessary. Those with a need to know (e.g., direct/indirect managers, payroll, front desk, and Information Technology) will be advised on an employee's last day of actual work for the Company.
Employees who have employment terminated, either voluntarily or involuntarily, will receive a final paycheck at a prorated amount based on time worked from the start of the current pay period to the termination date. Compensation for unused paid time off will also be paid in-full on the final paycheck.
The Company will issue a final paycheck either by check during an exit interview, or by direct deposit or physical check upon the next payroll cycle. Physical checks printed after the exit interview and/or termination date can be mailed upon request and will be mailed to the employee’s current residential address on-file. Departing employees will be asked to confirm their forwarding address to ensure that benefits and tax information are received in a timely manner.
Employees that are not on the Company’s payroll will receive a final paycheck from the employees actual employer. A final paycheck will be issued and delivered in accordance with the organization’s policies and procedures.
Note that a final paycheck, may be withheld until all termination requirements have been met, including but not limited to the return of Company assets or records.
Termination of Employee Benefits
Health Insurance coverage for a terminated employee will terminate on the last day of the month in which the termination becomes effective, unless otherwise noted in writing and signed by Human Resources.
Enrollment in the Company’s 401(k) Profit Sharing plan will terminate immediately. Contribution matching payments made by the Company, that have yet to be vested will be collected by the Company and re-distributed to other 401(k) Profit Sharing enrollees. The full contribution amount paid by the employee will not be affected and can be claimed by the terminated employee.