POLICY

Termination of employment may be voluntary, when initiated by the employee or involuntary, when initiated by the National Cancer Institute at Frederick (NCI-Frederick) contractor management.  Checkout procedure requirements must be met for all terminations.

Involuntary terminations shall occur only with approval of the Human Resources representative.

Nothing in this policy is intended to override the right of the employee or the contractor to terminate the employment relationship “at will.” Such employment-at-will is recognized and affirmed as a condition of employment. Therefore, employment may be terminated by either party at any time for any reason.

Voluntary Terminations

Employees who terminate voluntarily (resign) should submit a written notice (resignation letter) to their supervisor at least two weeks prior to the effective date of the resignation. The original copy of the resignation letter should be forwarded immediately to the contractor Human Resources representative to become part of the employee’s personnel file. The last date of employment must not coincide with an observed holiday and must not be scheduled so as to extend benefits for the employee.

Verbal resignations will be accepted by the supervisor.  If the employee does not follow up with a written resignation letter, the supervisor will confirm acceptance of the verbal resignation in writing to the employee.

An employee who fails to report to work as scheduled for three consecutively scheduled workdays and does not follow the prescribed call-in procedure during this period will be considered as having voluntarily terminated employment through job abandonment.

Involuntary Terminations

The Human Resources representative must approve all involuntary terminations. Involuntary terminations may result from such circumstances as:

Reduction in Force (RIF)

Employees may be laid off due to a reduction in budget or funding, changes in the work scope, or restructuring. When determining who will be affected by the reduction in force, the Program Director and Human Resources representative will consider several factors, which may include the nature of the revised work scope and the unique skills, performance, and tenure of individual employees. 

Each employee affected by a RIF will be provided with sixty (60) days of written notice. The employee will typically report to work during this period; however, justification may be provided to the Human Resources representative to permit or require pay (salary and benefit continuation) in lieu of the 60-day notice period. The Human Resources representative must seek approval from the NCI-Frederick Contracting Officer in such circumstances.

During the 60-day notice period, the Human Resources representative will provide outplacement assistance.  Employees who are re-hired within 180 days of the RIF date will be reinstated to their previous service date.

Discharge Due to Unsatisfactory Performance

Employees may be involuntarily terminated when their performance does not meet the standards expected of their position and level, despite reasonable performance management efforts to correct such deficiencies. Examples of unsatisfactory performance include, but are not limited to:

1. Repeated incidences of unscheduled absence, late arrivals, or early departures outside of approved Family Medical Leave.
2. A pattern of poor interpersonal skills, which affects the employee’s interactions with others in the workplace.
3. An unacceptable number of errors in performance of the employee’s assigned job duties.
4. Failure to meet minimum performance standards of the position.

 

At the discretion of the Human Resources representative, pay in lieu of notice may be provided to employees being terminated due to unsatisfactory performance not considered to be misconduct, as follows.
 

1. Less than five years of service—two weeks’ salary and benefit continuation.
2. Five years of service or more—three weeks’ salary and benefit continuation.

Medical Layoff

An employee will be laid off if (a) he or she is unable to return from medical leave to active duty or (b) following maximum use of all eligible leave, he or she is unable to perform essential job duties, with or without a reasonable accommodation.

The layoff will be effective immediately following the end of the Medical leave.

Termination for Misconduct

In cases where a serious offense has been committed, management must contact the Human Resources representative to discuss appropriate disciplinary action, which may include the employee’s suspension (with or without pay) pending investigation or, if necessary, immediate termination of employment and removal from the premises.

Violations considered grounds for immediate termination include, but are not limited to, the following:

1. Misuse, unauthorized use, possession, destruction, or theft of contractor- or government-owned or -leased equipment or material, or any other property or equipment located on the premises.
2. Refusal to carry out instructions from responsible authority, or willful neglect of assigned duties and responsibilities.
3. Intent to defraud NCI-Frederick (for example, filing a false claim under one of the employee benefit programs, or submitting a falsified expense statement or time record).
4. Unauthorized disclosure of proprietary information relating to NCI-Frederick operations or the contractors’ proprietary systems.
5. Falsification of records.
6. Engaging in outside employment or interests that conflict with or in any way compromise an employee’s performance of his or her position at NCI-Frederick.
7. Use of government or contractor resources for outside employment, including self-employment.
8. Accepting or offering gifts or favors to influence any matter in which the contractor/NCI-Frederick has an interest or responsibility.
9. Harassment of any other employee on the basis of age, sex, sexual orientation, religion, race, color, national origin, political beliefs, disability, or veteran’s status.
10. Unlawful manufacture, distribution, possession, or use of a controlled or illegal substance in the workplace.
11. Treatment of research animals with negligence or cruelty.
12. Engaging in criminal misconduct or illegal activities.
13. Making threats or engaging in assault or fighting on the premises.
14. Illegal or unauthorized possession of weapons on the premises.

Employees terminated for misconduct will not be entitled to notice or pay in lieu of notice.

Voluntary Terminations
Upon receipt of the employee’s resignation letter, the Human Resources representative will forward a checkout package including a Checkout Sheet and instructions to the employee.  The terminating employee will be required to complete the checkout procedure by 11:30 a.m. on the last day of work.  The final paycheck and vacation pay, if applicable, will be mailed to the employee no later than the next scheduled payday following termination.  Group insurance coverage will conclude in accordance with each contractor’s group insurance contract.

Involuntary Terminations
Involuntary terminations will be coordinated by the Human Resources representative. 

RESPONSIBILITY

NCI-Frederick Contractors

Each contractor Human Resources representative will be responsible for the implementation of termination procedures and the accountability of property, maintenance of records, and disbursement of monies for terminating employees.