Guam § 4202 - Termination of Employment.

§ 4202. Termination of Employment.

(a) Termination of employment. As used in this Section: “termination of employment” means the

ending of an employee’s status as an employee with the Government when the act is initiated by the

Government.

(b) Notwithstanding any other provision of law, rule or regulation to the contrary, any employee,

including a casual employee, who is within the classified service, shall be given written notice of at least

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sixty (60) days prior to termination of employment for any reason. In situations where for the convenience

of the Government it is necessary to terminate an employment without the giving of sixty (60) days’ notice,

the employee shall be retained in pay status until the notice period shall have run.

(c) Subsection (b) of this Section shall not apply to a person whose employment is terminated for

cause, provided, however, that this exclusion shall not impair an employee’s right to challenge such

termination under applicable personnel rules; nor shall Subsection (b) apply to an employee whose

employment is terminated because of the conclusion of a grant, federal grant, source of federal funds,

specific program or project.

(d) In instances where an employee has been continued in pay status but been relieved of duties, the

employee shall not be given a lump sum payment for the period of notice to which entitled but shall, instead,

be paid on a biweekly basis and such payment shall continue only so long as the employee certifies under

oath that he has not obtained new employment. The obtaining of new employment during the notice period

shall constitute a waiver by the employee to any further claim for the pay to which he would otherwise be

entitled.

(e) No person occupying positions in the unclassified service as defined in § 4102 of this Title and

whose services are terminated shall be paid severance pay or meritorious pay or both. This Section shall

apply to all government instrumentalities in the government of Guam, including autonomous agencies.