Separation

At-Will Employment

Your employment with Dow Aero (“Company”) is at-will. This means your employment is for an indefinite period of time and is subject to termination by you or the Company, with or without cause, with or without notice, and at any time. Nothing in this policy or any other Company policy or procedure shall be interpreted to be in conflict with or to modify/eliminate, in any way, the at-will employment status of Company employees. 

The at-will employment status of an employee for the Company may be modified only in a written employment agreement with the employee and that is signed by the highest ranking Human Resources official for the Company.

Termination of Employment

In order to ensure uniform and consistent procedures for employee terminations, the Company has established rules applicable to all such terminations. Upon termination, an employee should:

  • Continue to work until the last scheduled day of employment;

  • Turn in all reports and paperwork required to be completed when due and no later than the last day of work;

  • Return all files, documents, equipment, keys, access credentials, software, or other property belonging to the Company that are in the employee’s possession, custody, or control, and turn in all job-specific passwords to an IT Administrator; and

  • Participate in an exit interview upon request.

Voluntary Termination

The Company recognizes that personal situations may arise which require a voluntary termination of employment (i.e. the employee initiates the termination). Should this occur, the Company requests that the employee provide at least two (2) weeks advance notice in writing. This request does not alter an employee’s at-will relationship with the Company.

All rights and privileges of employment with the Company terminate upon the date of separation. Terminating employees are required to return all company assets assigned to them. Failure to do so may result in the withholding of their final payroll or litigation based on circumstances and when deemed appropriate.

Involuntary Termination

When the Company initiates a termination event, the termination is considered involuntary. Involuntary terminations may occur for a variety of reasons, including with cause (i.e. employee transgression or wrongdoing) or without cause (i.e. layoff). 

When practicable, employees should receive clear counsel of any issues that could potentially constitute termination of their employment without immediate improvement. However, depending on the nature of the offense, the Company reserves the right to terminate employment without warning.

All involuntary terminations should generally be approved by the employee’s direct manager or supervisor. If the direct manager or supervisor is not available when serious misconduct occurs, an indirect manager and/or an appropriate representative of the Company’s Human Resources (HR) department may terminate an employee when absolutely necessary. However, an indirect manager and/or an appropriate representative of the Company’s Human Resources (HR) department should generally only proceed with an indefinite suspension of the employee from duty until the termination is approved by the direct manager or supervisor.

Resignation

Although the Company hopes that employment will be a mutually rewarding experience, it is understood that varying circumstances can cause employees to voluntarily resign from their employment. Upon this situation, employees and their direct manager or supervisor can follow the guidelines below to understand notice and exit procedures.

Employees are encouraged to provide at least two (2) weeks notice to facilitate a smooth transition out of the organization. If an employee provides less notice than requested, the Company may deem the individual to be ineligible for rehire depending on the circumstances.  All resignations shall be confirmed in writing via the Employee Resignation Form or other written notice (e.g. letter, email, text message, etc.). Regardless of method, employees are asked to include reason(s) for their resignation and shall include their desired date of voluntary separation. The Company may terminate employment earlier than the employee’s identified voluntary separation date. Such a decision should not be perceived as reflecting negatively on the employee, given that it may be due to a variety of reasons not known to the individual or other employees. Where warranted and capable, the Company may award employees in good-standing with the Company up to two (2) weeks pay-in-lieu of notice.

Employees who fail to report to work for three (3) consecutive days without properly communicating to their direct manager or supervisor the reasons for their absence will be viewed as voluntarily resigning from their employment with the Company.

Employees will not be allowed to rescind their resignation notice once approved by the Company. Employees who wish to discuss concerns about their continued employment before making a final decision to resign are encouraged to consult their direct manager or supervisor (if appropriate) or the Company's Human Resources (HR) department. All involved parties shall maintain the highest level of confidentiality permissible, as dependent on the circumstances.

Death of an Employee

Any termination of employment made due to an employee’s death shall be effective on the date of death.

Procedure

  1. Upon receiving notification of the death of an employee, the employee's direct manager or supervisor should immediately notify only the Company’s Human Resources (HR) department.

    • The Company’s Human Resources (HR) department shall provide the employee's direct manager or supervisor further guidance on what actions should occur based on the specific situation.

  2. The Company’s Human Resources (HR) department shall be responsible for preparing and releasing a statement of an employee’s death to appropriate personnel.

  3. The Company’s Human Resources (HR) department shall initiate all appropriate beneficiary payments from the various group health plans and terminate enrollments as appropriate.

    • The deceased employee’s qualifying dependents will be eligible for COBRA Continuation Coverage for permitting group health plans.

Layoff and Recall

If the Company determines that it must reduce the workforce because of adverse economic or other conditions, then layoffs and recall from layoffs will generally be conducted in a manner that is consistent with what is described below.

Layoff

  • If a layoff is expected, the Company will attempt to communicate information about an impending layoff as soon as possible considering the Company's interests and compliance with federal, state, and local notice requirements.

  • Employees will generally be selected for a layoff based on the following criteria, although not in this particular order:

    • Promotion potential and transferability of skills to other positions within the Company.

    • Demonstrated current and past performance.

    • The needs of the Company and specific projects.

    • Length of service with the Company.

      • An employee's length of service is measured from the original date of employment with the Company, if there has not been a break in service greater than thirty (30) days. Employees with breaks in service greater than thirty (30) days, but less than one (1) year, are credited only for their time actually worked; that is, the break in service time does not get credited in an employee's length of service unless required by law. Employees with a break in service greater than six (6) moths will receive credit for length of service from only their most recent date of hire with the Company.

Recall

  • Employees who are laid off will be maintained on a recall list for six (6) months or until management determines the layoff is permanent, whichever occurs first.

  • Removal from the recall list terminates all job rights the employee may have.

  • While on the recall list, employees should inform the Company’s Human Resources (HR) department if they become unavailable for recall.

  • Employees who do not provide Company’s Human Resources (HR) department with changes to their current home address shall lose their recall rights.

  • Notice of recall will be sent by mail to the laid-off employee's home address on record.

    • Unless a laid-off employee responds to the recall notice within seven (7) days following the submission of the recall notice, the laid off employee's name will be removed from the recall list and will no longer have any job rights with the Company.

  • Employees will be recalled according to the needs of the Company, the employee's classification, and ability to perform the job.

Exit Interview

The Company may conduct an exit interview immediately proceeding an employee’s termination becoming effective. Exit interview’s may be scheduled (voluntary termination) or unannounced (involuntary termination).

The purpose of the an interview can include:

  • Complete necessary records;

  • Reiterate Company policies or procedures;

  • Collect assets; and records; and

  • Discuss employment experiences with the Company.

An exit interview may assist the Company in obtaining information that may be useful in improving employee relations as well as to provide additional information to the outgoing employee regarding benefits, among other topics. When an exit interview is deemed mandatory, an outgoing employee’s failure to participate may result in further action including, but not limited to removal from consideration for rehire, up to the withholding of a final payroll and/or litigation.

Eligibility for Rehire 

Previous Company employees that voluntarily ended their employment in good-standing, or that were involuntarily terminated due to a layoff with above-average documented performance, can be considered for open positions, along-side other applicants.

Previous employees hired within six (6) months from their last date of previous employment with the Company may have their existing benefit eligibilities reinstated. Previous employees who are rehired after six (6) months from the last date of previous employment with the Company shall be treated as new employees, with previous benefit eligibilities not reinstated.

Reporting of Employee Departures

All departing employees, regardless of the circumstances surrounding their departure, will be reported to staff when necessary. Those with a need to know (e.g., direct/indirect managers, payroll, front desk, and Information Technology) shall be advised of an employee's last day of actual work for the Company when possible.

Final Payroll

Employees who have their employment terminated, either voluntarily or involuntarily, will receive their final payroll at a prorated amount based on time worked from the start of the current pay period to the termination date and time. Compensation for unused Exempt or Non-Exempt Paid Leave will be added to the final payroll up to the employee’s current Paid Leave accrual or one-hundred twenty (120) hours, whichever is less. Final payroll shall be issued by the Company via direct deposit on the payroll date of the same cycle in which employment was terminated.

Employees that are not directly paid by the Company shall receive final payroll from their actual employer; to be issued and delivered in accordance with the employer’s applicable policies and procedures.

Note that an employee’s final payroll may be reasonably withheld until all termination requirements have been met, including but not limited to the return of Company assets or records.

Termination of Employee Benefits

Group health benefits, including medical, dental, vision, and voluntary life and accidental death and dismemberment (AD&D) insurance coverage, shall be terminated on the last day of the month in which the employee’s termination became effective, unless otherwise noted in writing and confirmed by the Company’s Human Resources department. 

Enrollment in the Company’s 401(k) Profit Sharing Plan and shall terminate immediately. Contribution matching payments made by the Company, that have yet to be vested will be collected by the Company and re-distributed to other 401(k) Profit Sharing Plan enrollees. The full market-value deferral amount paid by the employee will not be affected and can be claimed by either online (if John Hancock account created before termination date) or by requesting a transfer/withdraw form (if John Hancock account not created before termination date) from the Company's Human Resources department.

Enrollment into a Company offered Flexible Spending Account (FSA) and shall terminate immediately.

Change Mailing Address

Departing employees will have their mailing address on-file with the Company identified within a formal termination notice. If the identified address is incorrect, or if changes were to occur within eighteen (18) months of the termination date with the Company, it will be asked that a current address be submitted to the Company’s Human Resources department to ensure benefit, regulatory, and tax documentation may be received in a timely manner. Former employees may request that their mailing address be updated via any of the following methods:

Employees that are not directly paid by the Company shall keep their actual employer informed of any changes to their mailing address, in accordance with the employer’s applicable policies and procedures.

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