California Termination Letter (Excessive Absenteeism)
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FAQ
While an employer's reason for firing an employee, such as absenteeism, may appear to be a legitimate, nondiscriminatory reason, it may amount to a pretext for discrimination or retaliation if it conflicts with an employer's internal policy, the 1st U.S. Circuit Court of Appeals held.
Although the general answer is yes, it is accompanied by many what ifs. If the employee's absences are caused by medical reasons, including pregnancy or disability, you mayand more than likely wouldviolate the Family Medical Leave Act, the American Disabilities Act, or any applicable state laws.
Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action.
You can send a termination letter to the employee following the termination meeting with return receipt requested, or you can hand the letter to the employee at the end of the meeting. It should be printed on company stationery with the official signature of the employee's manager.
A standardized form for writing up employees for absenteeism ensures that you cover all of your bases and stick to the essential information. Create a form that includes spots for the employee's name, description of the offense, dates of absenteeism and the actions you've taken so far to reduce the absenteeism.
You can send a termination letter to the employee following the termination meeting with return receipt requested, or you can hand the letter to the employee at the end of the meeting. It should be printed on company stationery with the official signature of the employee's manager.
Dear Sir/Madam, This letter is to inform you that your employment as (position) at (company's name) is terminated with immediate effect. You have violated the attendance policy of the company. You have continued being absent from the last (duration) days.
How to Terminate an Employee for Excessive AbsenteeismLimit Drama. Best practice tips for reducing the drama surrounding an employee termination include firing an employee at a time the office is not busy.Supplemental Documentation.Safety First.Secure Office.Professional Attitude.
If you are fired because you lacked the skills to perform the job or simply weren't a good fit, you should be able to collect benefits. If you are fired for misconduct, however, you will not be eligible for unemployment benefits.
