District of Columbia Termination Letter - Excessive Absenteeism
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FAQ
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.
A. No. Notice is not required by either party based on the fact that DC is an "employment at will" state, meaning that an employer or employee may terminate the relationship at any time, without a reason, without cause.
Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action.
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.
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.
Dear Employee Name: As of the date of this letter, you have been absent from work since date of last day of work or last day of approved leave. Because your absence has not been approved, and we have not heard from you, we have determined that you have abandoned your position.
Here's what you need to know:Terminations shouldn't come as a surprise to the employee.Plan ahead, and schedule a termination meeting.Have paperwork ready, a termination letter, information about COBRA, and collect company property.Keep the meeting short (no longer than 20 minutes)Don't waiver on your decision.
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.
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.
