430 - Separation from Employment Policy

 

PACT Charter School

Original Creation Date: February 13, 2003
Last Approved By: PACT Charter School Board of Directors
Last Approved Date: May 7, 2020
Year Reviewed: 2019-2020


 

 

POLICY STATEMENT

PACT Charter School intends to handle all employee separations in a consistent manner. If a valued employee initiates the separation, Administration and the Supervisor should review the circumstances to determine if the separation can be avoided or if there is any action that should be taken to avoid similar separations. If the School initiates the separation, the reason for separation should only be given to the employee if requested by the employee, in writing, within five days of the separation.

 

PRACTICE

Below are examples of some of the most common circumstances under which employment is terminated:

RESIGNATION - voluntary employment separation initiated by an employee.

DISCHARGE - involuntary employment separation initiated by the organization.

LAYOFF - involuntary employment separation initiated by the organization for non-disciplinary reasons.

Since employment with PACT Charter School is based on mutual consent, both the employee and PACT Charter School have the right to terminate the employment of at-will employees, with or without cause, at any time. Employees will receive their final pay in accordance with applicable state laws.

A resignation is a voluntary act initiated by the employee to terminate employment with PACT Charter School. Resigning employees must put their resignation notices in writing. To help manage workload and other transition issues, PACT Charter School requests at least 2 weeks written resignation notice from  employees that are not under an Employment Agreement/Licensed Staff Member. In most cases, employees will not be permitted to use paid leave time during their notice periods.

The Executive Director should determine the type of separation that will take place.

Prior to an employee’s departure, an exit survey is encouraged to discuss the reasons for resignation and the effect of the resignation on benefits.

 

PROCEDURE

PACT Charter School is an At-Will employer.

Employees under an employment agreement/licensed staff  are subject to the terms/language of their individual contracts.

PACT Charter School retains the right to determine what disciplinary action is appropriate.

If the employee does not make reasonable progress toward solving the problem at any time during the warning period, Administration may proceed immediately to the next appropriate step in the Corrective Action and Discipline Procedure (e.g. Final Written Warning).

Discipline is the sole discretion of PACT Charter School up to and including separation.

 

RESIGNATION

A resignation is a voluntary act initiated by the employee to terminate employment with PACT Charter School. Resigning employees must put their resignation notices in writing. To help manage workload and other transition issues, PACT Charter School requests at least 2 weeks written resignation notice from  employees that are not under an Employment Agreement/Licensed Staff Member. In most cases, employees will not be permitted to use paid leave time during their notice periods.

 

Administration and the  Human Resource Specialist may receive either verbal or written notice that an employee intends to voluntarily resign from his/her position at PACT Charter School.

  • The Executive Director(s) and/or the Human Resource Specialist will meet with the employee to determine whether or not the employee’s reason(s) for voluntary separation can be accommodated. If the employee does not change his/her mind, general separation procedures should be followed.
  • The voluntary resignation will occur per the employee’s notification and general separation procedures should be followed.

The Human Resource Specialist will follow general separation procedures along with the completion of any applicable separation-related paperwork including, but not limited to recording the employee’s last day of work and notifying PERA, TRA, and the appropriate benefit providers. The Human Resource Specialist will complete the necessary COBRA paperwork.

 

RESIGNATION OF EMPLOYEES UNDER AN EMPLOYMENT AGREEMENT/LICENSED STAFF MEMBER

Employees Under an Employment Agreement/Licensed Staff Member who intend to leave at the completion of their current contract are encouraged to give notice of their resignation with the annual Intent to Return offer. By doing so, it allows the school a better opportunity to find a suitable replacement. In return PACT will continue the employee’s benefits at the same rates & contributions based on the following options:

  1. Lump-Sum Payment

If an Employee Under an Employment Agreement/Licensed Staff MemberLicensed/Contract staff member gives notice prior to June 15, they will have the option to receive one final paycheck for the remaining amount due on their contract. This payment will be made on the next available payroll after completion of their current contract and their resignation is received and acknowledged. If an Employee Under an Employment Agreement/Licensed Staff Member chooses this option, their separation date will be listed as the first day after the completion of their contract. They will be issued COBRA for their benefits. PACT Charter School will contribute the school’s portion of any benefits elected by the employee, as well as the benefits with fees only,  charged to the school (e.g. Life, Long-Term Disability), for a period of up to 90 days or until the end of August, whichever comes first.


  1.   Deferred Payment
      1. If an Employee Under an Employment Agreement/Licensed Staff Member  gives notice after June 15th, the only option available is to receive their paychecks and benefits per the approved pay schedule. They will receive their last paycheck on the last pay date in August.
      2. Their separation date will be listed as August 1st. COBRA benefits will be extended upon separation. The employee must accept this option in writing.

 

DISCHARGE

A Discharge should only occur in cases where proper policy has been followed.

The Executive Director(s) will meet with the employee to explain the reasons for the separation and the separation procedures that will be followed. Normally, the notice and the separation will occur on the same date.

The Human Resource Specialist will follow general separation procedures along with the completion of any applicable separation-related paperwork including, but not limited to, recording the employee’s last day of work and notifying PERA, TRA, and the appropriate benefit providers. The Human Resource Specialist should complete the necessary COBRA paperwork.

 

IMMEDIATE DISCHARGE

An Immediate Discharge should only occur when an employee is involved in a very serious work rule or behavioral infraction where immediate separation from the School is deemed appropriate.

An immediate discharge should only be implemented after Administration and the PACT Charter School Board Chair have decided that appropriate investigative procedures have been followed and it is “reasonable” to believe that the employee is guilty of the infraction.

“Reasonable Person Rule” – when presented with all of the facts, actions, statements, etc. a reasonable person (without prejudice) would determine that the employee was involved in a very serious work rule violation or a very serious behavioral infraction.

Administration will determine whether or not local law enforcement personnel should be given notice. If not, proceed as follows. If yes, follow the advice of the local law enforcement personnel.

If time permits, the Human Resource Specialist should prepare the general separation paperwork. If no time is available, the paperwork should be sent to the employee’s home.

The Executive Director(s), Assistant Director of Education and/or Human Resource Specialist will meet with the employee to explain the reason(s) for the separation and to explain that the employee will be processed out of the School immediately. If the separation paperwork is available, they will go through the Separation Checklist with the employee. At the discretion of the school, an exit interview may or may not be conducted at a later time.

 

All monies due to the employee should be given to him/her upon separation or as soon as possible after separation.

The Human Resource Specialist will follow general separation procedures along with the completion of any applicable separation-related paperwork including, but not limited to, recording the employee’s last day of work and notifying PERA, TRA, and the appropriate benefit providers. The Human Resource Specialist will complete the necessary COBRA paperwork.

 

LAYOFF

Should it become necessary for PACT Charter School to implement a layoff, PACT Charter School should develop and implement a separate policy, procedures, and action plan. This plan should include a review of the most current Workers Adjustment and Retraining Notification Act laws, both federal and state.

The Human Resource Specialist will follow general separation procedures along with the completion of any applicable separation-related paperwork including, but not limited to, recording the employee’s last day of work and notifying PERA, TRA, and the appropriate benefit providers.The Human Resource Specialist will complete the necessary COBRA paperwork.

 

GENERAL SEPARATION PROCEDURES

The Human Resource Specialist should prepare all general separation paperwork in advance of the employee’s separation date (refer to the information provided above under Actions 3-9). The Executive Director(s) will inform the Human Resource Specialist whenever the School Board has authorized pay-in-lieu-of-notice. Paperwork should include:

  • Benefits – Separation Information and Forms (COBRA)
  • Omega Checklist
  • Exit Interview Form

Any other paperwork required based upon the type of separation.

The Human Resource Specialist will meet with the terminating employee to complete the Separation Checklist and the Exit Interview Form.
The terminating employee will meet with the Human Resource Specialist to complete any additional information for the Separation Checklist, the Exit Interview Form, and will collect all keys and other School property from the employee. The Human Resource Specialist  will explain any eligible benefit continuation and will have the employee complete the necessary paperwork.

If the employee requests a copy of their personnel file, the Human Resource Specialist should either:

  • (If the Human Resource Specialist has already reviewed the file to ensure that it is complete and contains only appropriate information), make a copy of the file for the employee – if convenient the same day, or on the next business day.
  • (If the Human Resource Specialist has not reviewed the file), the Human Resource Specialist should schedule a time with the employee that allows for file review.

 

PROPER NOTICE PERIOD

Contract employees are required to give notice of their intent to terminate from the School as per employment agreement language. .

  • If an employee has given fair notice of intent to resign and the School determines that it is in their best interest to have the employee leave his/her position early, the School will pay the employee for the remainder of the notice period (not to exceed one-pay period).
  • If the Executive Director(s) and the employee agree that a shorter notice period is acceptable to both parties, a shorter notice period will be acceptable.
  • If an employee gives notice and is not available for work during their notice period, the employee will only be paid for those days they were available to work their normal schedule.

 

LEAVE DAYS, HOLIDAY PAY, ETC.

Administration will review the leave days, holiday, and any other paid time off policies with the Human Resource Specialist to determine an employee’s eligibility for pay in these categories.

 

Discharged employees will not be paid for accrued unused holiday or PTO days.



Contact Us

PACT Charter School | District Offices
7250 East Ramsey Parkway NW
Ramsey, MN 55303 

PACT Charter School | Elementary Campus
7250 East Ramsey Parkway NW
Ramsey, MN 55303 

PACT Charter School | Secondary Campus
7729 - 161st Avenue Northwest
Ramsey, MN 55303 

Main phone line: 763-712-4200
Fax: 763-712-4201

Absence: attendance@pactcharter.org

MAP & DIRECTIONS

School Hours

Elementary Campus
8:15 a.m. - 3:15 p.m. 

Secondary Campus
8:00 a.m. - 3:05 p.m. 

Office Hours

School Days
7:30 a.m. - 4 p.m. 

Non-School Fridays
7:30 a.m. - Noon

School Breaks
Closed

Summer Hours
Monday-Thursday: 8 a.m. - 1 p.m.

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