Lenna BlaserResignation
Resignation is initiated voluntarily, or by virtue of job abandonment.
While the employment relationship is at-will, as a courtesy an employee is expected to give two weeks’ prior written notice to the Company of the employee’s voluntary resignation. The Company may, at its discretion, compensate the employee for the two-week period in lieu of requiring the employee to work during the notice period. All such compensation must be approved by (i) a General Manager, Regional Vice President or Senior Vice President and (ii) the Corporate Human Resources Department. No compensation for “notice pay” will be allowed if the employee is eligible to receive severance.
An employee’s resignation letter must be maintained in his or her personnel file.
Any employee who is absent from work for three consecutive days without having notified his or her immediate supervisor will be deemed to have abandoned his or her job and to have resigned effective the last day worked, unless state law provides otherwise.
Upon the resignation of an employee of the level of Assistant General Manager or Assistant Chef or above, notify the Corporate Human Resources Department. For all other employee resignations, complete an Employee Profile Form and Employee Termination Report indicating the last day worked and the reason for termination. Immediately forward both forms to the appropriate Corporate Payroll Department. This must be done promptly, since delays are costly to the Company, in terms of wages, benefits, worker’s compensation provisions, and security issues. Copies of both forms should be placed in the employee’s personnel file.
Notify Information Services (located in the Corporate Office) and the Corporate Human Resources Department of the separation so computer passwords and access can be terminated. Also be sure that all security clearances, employee badges, and computer access are terminated.
Remind the employee of his or her confidentiality obligations. See Personnel Files and Records – Confidentiality of Employee Information and Standards of Conduct – Confidential.
If the employee has any Company property in his or her possession, it must be returned to the Company promptly upon termination. Items may include keys, locks, credit cards, computers, calculators, identification, company car, and any other Company issued property. All signature authorizations, computer access, and security clearances should be cancelled at termination.
Discharge
Discharge is a termination initiated by the Company, with or without cause.
Before you discharge an employee, with the help of the Corporate Human Resources Department:
Ascertain whether or not any written employment contract exists. Also review whether or not any oral contract might be claimed, through promises or statements made to the employee about continued employment. If you have any reason to suspect that such a commitment was made (or may be claimed by the employee), notify the Corporate Human Resources Department immediately.
Review the employee’s personnel file to ensure that your reasons for discharge are not inconsistent with the written documentation in the employee’s personnel file. Also review whether there could be any perception or claim of discriminatory action in connection with the discharge.
Prepare (to the extent possible, in advance) all items that you will need to provide to the employee. Calculate final payments to the employee for any outstanding wages that will be owed, since some state laws require payment of all final wages as promptly as the next business day following the date of discharge. Also prepare (with the help of the Corporate Human Resources Department) all appropriate paperwork for the discharge, such as an unemployment discharge slip and a separation letter.
Informing Employee
When you initiate a discharge, follow a few basic guidelines to make the conversation run as smoothly as possible:
Conduct the conversation at the very beginning, or at the very end, of the day, when as few other people will be around as possible. Always conduct the conversation in private with the employee, out of earshot of other employees.
Whenever possible, include a member of the Corporate Human Resources Department in the conversation. It is often helpful to have a witness to the conversation.
Avoid allowing the employee to debate with you regarding the reasons for, or the validity of, the discharge. Be firm, but be compassionate. Keep the conversation reasonably short and businesslike, but understand that the employee may be upset or angry.
It is usually a good idea to escort the employee out following the conversation. Consult with the Corporate Human Resources Department regarding the best way to handle each individual situation. If the matter has been acrimonious or you sense hostility, you may need to arrange for appropriate security measures, such as changing locks, ensuring that no Company property is taken, and even having a security person available.
Confidentiality
Remind each departing employee of his or her confidentiality obligations. See Personnel Files and Records – Confidentiality of Employee Information and Standards of Conduct – Confidential.
Return of Company Property
If the employee has any Company property in his or her possession, it must be returned to the Company promptly upon discharge. Items may include keys, locks, credit cards, computers, calculators, identification, company car, and any other Company issued property. All signature authorizations, computer access, and security clearances should be cancelled at termination.
Approvals
The discharge of any employee of the level of General Manager (or Corporate director) or above requires prior approval by the CEO and the appropriate Senior Vice President, with input by the Corporate Human Resources Department.
Documentation
Promptly following any discharge:
- Complete an Employee Termination Report indicating the last day worked and the reason (if any) for termination. The Employee Termination Report should be placed in the employee’s personnel file.
- Notify the Information Services in the Corporate Office of the discharge so that computer passwords and access can be terminated.
- Notify Information Services (located in the Corporate Office) and the Corporate Human Resources Department of the separation so computer passwords and access can be terminated. Also be sure that all security clearances, employee badges, and computer access are terminated.
Other Benefits Entitlements and Cessation
Vacation and Sick Days
See Time Off – Vacation and Incidental Sick Days for information regarding the payment of accrued and unused vacation and sick days.
Retirement and Savings Plan
Departing employees may be eligible for a distribution of the Retirement and Savings Plan account effective on the last day worked, as determined by the provisions of the Plan. The Corporate Human Resources Department will send each departing employee information on this issue after termination.
Medical Insurance
Eligible employees and beneficiaries may elect to continue medical coverage through COBRA. The Corporate Human Resources Department will send a COBRA Notice and Election Forms to the employee and beneficiaries where applicable following termination. Continuation Coverage Rights Under COBRA.
Life Insurance
Group life insurance ends thirty-one days following the separation date. The departing employee will be eligible to convert the Basic and Supplemental Life Insurance coverage to an individual policy with the insurance carrier during that time period. The Corporate Human Resources Department will send the employee information on this issue after termination.
Layoffs
Before initiating any layoff, notify the Corporate Human Resources Department, which will assist you in the process and ensure that the necessary notices and forms are completed.
Severance
This policy applies only to full-time employees, except those covered by a collective bargaining agreement or other contract.
Severance Eligibility
No employee is entitled to any severance benefits as an entitlement. However, the Company reserves the right, in its discretion, to offer severance benefits to employees under certain circumstances, in return for a standard Release. In all cases, the Corporate Human Resources Department must approve any proposal to offer severance. No severance payments will be offered to any employee whose release is the result of:
- Voluntary resignation
- Retirement
- Improper personal conduct
- Cause
- Violation of Company policies, rules or standards of conduct
- Refusal of transfer or promotion
Conditions for Severance
If the Company chooses to offer an employee severance benefits, that employee must meet the following requirements to be eligible to receive such severance benefits:
the employee must execute and deliver to the Company a valid Separation Agreement and Release in a form approved by the Corporate Human Resources Department, and the Release must become effective without having been revoked by the employee within any statutory revocation period;
the employee must work up to his or her scheduled termination date, if required to do so; and
the employee must not have been offered a comparable or better position with the Company. Comparability of position will be determined by the Corporate Human Resources Department in consultation with the appropriate Senior Vice President after considering the employee’s experience, job level, and other factors such as status, pay, and location.
Amount of Severance
While the Corporate Human Resources Department may follow internal guidelines when it determines what severance, if any, to offer a departing employee, the Company has sole and complete discretion regarding severance eligibility and amounts.
Discontinuation of Benefits Upon Rehire
If an employee is rehired by Sodexo Live! during a period in which severance benefits are being paid to such employee, severance benefits will be discontinued as of the date of reemployment.
Tax Withholdings
All severance payments are subject to normal tax withholdings.