Background/Spirit of the Termination Policy: While we hope to never need to use this policy at the Law Center, particularly the section on “Involuntary Termination,” we acknowledge the need for such a policy to exist. While we believe that every single person deserves belonging, we are not obligated to make everyone belong at the Law Center, especially those who are harming other staff members and/or our mission. And sometimes, there’s a need for people to just part ways, outside of any harm caused. It’s not always bad to leave an organization. What we hope to provide in this policy is a clear path that gives all staff members the information they can use to navigate a termination process while protecting themselves and each other as best we can when conflicts arise, and/or when  professional obligations are not met, beyond a point that co-workers believe is tolerable. We have attempted to create the minimum level of detail around process on how to proceed in moments of high conflict or crisis, as a community of staff members cultivating a more just, equitable world from the ashes left by the interlocking systems of imperialist white supremacist capitalist patriarchy. We hope that this policy echoes the qualities we seek of those we hire at the Law Center, including kindness, warmth, honesty, integrity, humility, and open-mindedness. This policy is an attempt to balance those qualities with the organization’s needs to fulfill our mission, protect staff members from each other, and protect ourselves from an abuse of power, or an intolerable failure to meet professional obligations, that can exist in any organization, even democratically run organizations. 

The following are ways a Law Center Staff Member may resign or be terminated:

1. Voluntary Resignation from the Law Center

• Every Staff Member has the right to resign from the Law Center at any time.

• The Law Center encourages and appreciates at least fourteen (14) calendar days’ advance notice in writing to the General Circle of a Staff Member’s intent to resign.

2. Involuntary Termination from the Law Center

All staff members are “at-will” employees of the Law Center and may be terminated from employment for any lawful reason. Staff members may be terminated with or without cause. Except as provided in the subsection titled “Discretion to Deviate from Process” below, termination decisions will be made according to the procedures detailed in this section.

• Grounds for Termination: Any of the following actions done within the scope of employment are grounds for termination, including but not limited to:

  1. Exhibiting a pattern of behavior out of alignment with our policies;

  2. Violating our harassment, discrimination, and retaliation prevention policy; 

  3. Refusing to engage in our conflict engagement process when invited to do so;

  4. Commiting fraud, embezzlement, theft of property, or falsifying organizational records; and/or

  5. Committing physical assault.

• Who Can Propose Termination: Any Circle, staff member, or team, may request a vote to terminate another staff member as long as the proposal is brought by at least two staff members. Such a proposal will be presented to the Stewardship Committee (SC) following the processes detailed below, with any member of the General Circle eligible to attend and vote. 

• Two Staff Members Must Be Consulted Prior to SC Proposal: Prior to a proposal being brought to the Stewardship Committee (SC) for involuntary termination of a staff member, those staff members who want to bring the proposal for an involuntary termination must first consult two other staff members, one from the Conflict Engagement Team (CET) and one from the Admin Circle. The purpose of consulting these staff members is to make sure that all other appropriate remedies have been exhausted, that the proposers have taken the appropriate steps in each particular context, and to alert other staff members to the situation. The role of the two consulting staff members from CET and Admin Circle role is not to approve or agree with the proposal, only to make sure the proposers have exhausted other appropriate remedies and have taken the appropriate steps in this process. The two staff members consulted must be different staff from those staff members who are bringing the proposal for termination. 

• Responsibilities of Proposers: It is the responsibility of those requesting the vote to: 

  1. request that the Stewardship Committee meeting Facilitator schedule a meeting date for the termination vote (making a good faith effort to ensure maximum SC member attendance); and

  2. work with relevant roles within the organization to provide the requisite notice to the named staff member as detailed below; and 

  3. work with relevant roles within the organization to ensure paid administrative leave is arranged, as detailed below.

• 14 Day Notice: General Circle members, the named staff member, and Board members must receive at least fourteen (14) calendar days' notice (defined below) of the intent to vote for termination of a named staff member. 

  1. The notice must contain the following: 

     1. The reasons for the proposed termination, 

     2. Details that show that those bringing the proposal have taken appropriate steps to remedy the situation prior to proposing termination, such as the ways that they have requested and/or supported the named staff member  to remedy the situation(s) that are compelling the proposers to move for involuntary termination, and 

     3. The date and time of the regular or special Stewardship Committee meeting at which the vote will take place, and that the opportunity to be heard at that meeting will be provided. And any video conference link and/or phone numbers needed to attend the meeting remotely. 

     4. Such notice shall also inform the named staff member that they can, and are encouraged to ask another staff member to provide emotional support during the remainder of the involuntary termination process.  

  2. Such notice shall also relieve the named staff member of all work-related duties and place the staff member on paid administrative leave until either the vote to terminate does not have the requisite votes to pass; or, if the Stewardship Committee votes to terminate with the requisite votes, the effective date of termination, as determined and approved by the Board.

• Paid Administrative Leave: A staff member who is placed on paid administrative leave pending a vote to terminate that staff member: 1) will maintain their benefits and be paid their regular compensation (calculated based on the average compensation for that staff member during the preceding three months); and 2) must immediately, upon receiving notice, cease all Law Center-related work. During this leave pending a vote to terminate, the Law Center may restrict that staff member’s access to its accounts, events, and offices except as necessary to allow the staff member the opportunity to be heard, described below.

• Opportunity to Be Heard Prior to Vote: At the Stewardship Committee meeting, the named staff member shall have an opportunity to be heard, orally or in writing, prior to the vote on that staff member’s termination. The staff member is encouraged, but is not required, to submit a written statement to the Stewardship Committee at least three days before the Stewardship Committee meeting. At the Stewardship Committee meeting, the staff member will be provided an opportunity to make a statement and an opportunity to make a rebuttal statement per the Termination Meeting process described below. The opportunity to call witnesses and cross-examine the staff members will not be provided.

• By 75% Stewardship Committee Vote: A staff member may, for any lawful reason, be terminated involuntarily from the Law Center at a properly noticed Stewardship Committee meeting if seventy-five percent (75%) of General Circle members present at the Stewardship Committee meeting (excluding the staff member being considered for termination) vote for termination.

  1. Voting: A vote for staff member termination shall only allow “yes” or “no” votes.

• Board Approval: After 75% of General Circle members present at the Stewardship Committee meeting vote to terminate, the Board shall decide whether or not to approve the decision to terminate, in accordance with the Law Center’s bylaws. And the Board shall determine the effective date of termination, based on staff’s recommendation.

• Compensation and Benefits for a Terminated Staff Member: In the event of an involuntary termination of a staff member, the Law Center shall provide the terminated staff member the equivalent value of two months of continued pay and benefits starting from the effective date of termination, as calculated in the Paid Administrative Leave section in this policy, minus any amount that the staff member may have embezzled or otherwise fraudulently or improperly taken from the organization, after they have signed SELC’s separation agreement waiving all potential claims against SELC arising out of the employment and termination. 

• Restoration: In the event that the involuntary termination process is used, the Law Center may, if circumstances warrant, make a reasonable effort to engage with the staff member at issue to ensure a smooth transition back in or out of the organization, restore damaged relationships and damaged reputations, and reduce any shame or ostracism associated with the termination process or with acts that led to the termination. This may include engaging in a restorative justice process, which brings together those most impacted to determine how to repair harm. This process starts with an invitation, and all parties participate voluntarily.

• Discretion to Deviate from Process: The Board and the General Circle reserve the right to modify, break from, disregard, and alter the termination procedures described above, if it is determined that doing so is prudent to protect against: (1) a threat to co-workers or third-parties’ mental or physical health or safety; or (2) significant harm to the Law Center.

3. Termination Meeting Procedures

• Facilitator: The Facilitator for any Stewardship Committee meeting where termination is proposed shall be the regular Stewardship Committee Facilitator. If that Facilitator is part of the group bringing the proposal, the Stewardship Committee Secretary shall preside as the Facilitator, or appoint a person who is not part of the group bringing the proposal, and appoint a note-taker for the meeting.

• Termination Proposal Process

  1. Proposers: State the proposal.

  2. Question Round (Go in round): Each person, except for the staff member who’s the subject of the proposal, asks one clarifying question to the “Proposers” (the group) bringing the proposal until questions are exhausted or the Facilitator decides to move on.

     1. A clarifying question seeks to understand the content of the proposal, not to comment on its merits. Facilitator has discretion to test the validity of clarifying questions. One of the Proposers will respond to each valid question or delegate the response to someone else present at the meeting.

  3. Opportunity to be Heard: The staff member who is the subject of the proposal shall be offered 10 minutes to make a statement.

  4. Question Round: Each person, except for the staff member who’s the subject of the proposal, asks one clarifying question to the Proposer(s) or to the staff member who is the subject of the proposal, until questions are exhausted or the Facilitator decides to move on.

  5. Reaction Round (Go in round): After questions are exhausted, each person, except for the staff member who’s the subject of the proposal, shares their reactions until exhausted or the Facilitator decides to move on.

     1. A reaction is a comment specific to the proposal or discussion item and is usually offered in the first person: “I wonder if,” “I worry that.”

  6. Proposer(s) Response: The Proposer(s) may respond to the comments of General Circle members and/or comments of the staff member who is the subject of the proposal.

  7. Staff Member Rebuttal: The staff member who is the subject of the proposal shall be offered up to five (5) minutes to make any final comments.

  8. Conversation without Staff Member Present: After the staff member who is the subject of the proposal is offered their time to make final comments and either makes final comments, or chooses not to, they shall leave the meeting space and the remaining staff may hold a conversation until the conversation is exhausted or the Facilitator decides to move on.

  9. Voting Round: Facilitator asks the Proposer(s) to restate the Proposal with or without any amendments. By use of a written ballot (which may be electronic) each General Circle member present at the Stewardship Committee meeting where the vote was taken, (except for the staff member who’s the subject of the proposal, who is no longer in the room), shall indicate their name and their “yes” or “no” vote. The Facilitator shall tally the votes. If 75% or more of General Circle members present at the Stewardship Committee meeting vote “yes,” the proposal to terminate is adopted. If the proposal is adopted, the named staff member will be terminated according to the termination process described herein. Also, those bringing the request for approval of the vote to terminate to the Board shall recommend an effective date of termination to the Board. If the proposal to terminate is not approved by the Board, the General Circle shall discuss ways to address, repair, and heal internal relationships impacted by the vote to terminate.

4. Written Notice

Written notice may be given by any method reasonably calculated to provide actual notice, including texting a person’s last known telephone number, or an email to a person’s last known email address. Any notice given by mail must be given by first-class, certified mail sent to the person’s last known mailing address.

• Updated Jun 28, 2023 to add "after they have signed SELC’s separation agreement waiving all potential claims against SELC arising out of the employment and termination," under "Compensation and Benefits for a Terminated Staff Member
• Updated Oct. 13, 2022 to delete and replace entire policy based on this proposal. The previous policy stated that 14 days notice must be given, staff will be placed on paid administrative leave, and then specified the procedures for the General Circle discussion, hearing from the staff member, and 75% vote. Among other changes, the new policy adds the background/spirit of the policy, grounds for termination, who can propose the termination, and that 2 members must be consulted.