Human Resources

Exempt Employee Termination of Employment / Notification

Section: Human Resources Policies
Policy Name: Exempt Employee Termination of Employment/Notification
Policy Owner: Executive Vice President
Responsible University Office: Office of Human Resources
Origination Date: 1997
Revisions: May 2, 2006; July 16, 2008; July 28, 2010; June 2016
Legacy Policy Number: 4-90
  1. SCOPE OF POLICYThis policy addresses termination of employment and related notice periods and applies to all exempt employees.
    1. Exempt Employee: An employee who is exempt from overtime requirements under the Fair Labor Standards Act.
  3. POLICY STATEMENTEmployment by the University is employment-at-will. Nothing in this policy changes the at-will status of exempt employees. Exempt employees are expected to develop performance goals, objectives, and standards in consultation with their immediate supervisor. The University may terminate the employment of any individual consistent with the notice provisions set forth below. This policy also establishes notice provisions for when an exempt employee position is eliminated because of budget constraints and/or reorganization of a department or administrative unit. Exempt employees who continue to work for the University during the notice period will continue to be paid. In instances where an individual is not required to work at the University of Delaware during the notice period, compensation will continue to the end of the notice period or until the individual secures another position, whichever is sooner.
    1. Termination of employment not for cause – notice periods
      1. The following notice periods apply to exempt employees whose employment is terminated not for cause:
        1. During the first two (2) years of exempt employment, the University may terminate employment upon one (1) month’s notice.
        2. After two (2) years of exempt employment, the University may terminate employment upon two (2) months’ notice.
        3. After five (5) or more years of employment, the University may terminate employment upon three (3) months’ notice.
      2. Job elimination/notice periods
        1. Employees with ten (10) or more years of service, whose positions are being eliminated, shall receive two (2) weeks’ notice for each year of exempt employment up to a maximum of fifty-two (52) weeks. (For example, an employee with ten (10) years of service shall receive twenty (20) weeks’ notice; an employee with thirty (30) years of service shall receive fifty-two (52) weeks of notice.)
        2. Employees with less than ten (10) years of exempt employment, whose positions are eliminated, shall receive the same period of notice as set forth in Section IV (A).
        3. Any accumulated vacation time will be used prior to the end of the notice period when the employee’s position is eliminated, whether or not the employee is required to work during the notice period.
      3. Termination for cause is immediate.
      4. Employees with salaries from external sources. Exempt employees whose salaries are dependent on external sources of funds, such as grants, contracts or overhead from grants or contracts, may be terminated if such funding expires or becomes inadequate, without the above notice periods. However, the University will give such employees as much notice as possible.
      5. Employment may be terminated at any time by mutual agreement between the University and the individual.
      6. Departments must consult with Employee Relations prior to issuing a notice of termination.
      7. The exempt employee will be required to return University property including, but not limited to, the following:
        1. Keys;
        2. ID Card (except for eligible retirees);
        3. Computers;
        4. Cell Phones;
        5. Procurement Cards;
        6. And any other University-issued property.
      8. System access will be canceled.