Hawaii Termination Letter (Excessive Absenteeism)
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How to fill out Termination Letter (Excessive Absenteeism)?
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FAQ
Generally, Hawaii is an at will State. This means an employer does not need to give you a reason to let you go, lay you off, or fire you unless: You have a contract with the employer that requires you be notified of the reason.
Bottom line If you're an at-will employee, technically, your employer can fire you for calling in sickbut that doesn't always apply. As an employee, it's important to know your rights and when your employer doesand does nothave the legal right to fire you for calling in sick.
If you plan to terminate an employee, consider sending him or her a written notice and explanation beforehand. Usually, you cannot terminate an employee on grounds of absenteeism if you only expect that the employee will miss excessive amounts of work; instead, there must be an actual record of absenteeism.
Abandonment of employment occurs when an employee fails to turn up to work and has not given their employer any reason why. An employee's abandonment of their work is considered reasonable grounds for dismissal particularly if it is reasonable to conclude that they no longer wish to work for you.
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 cannot fire an employee for being sick. But most employers have an attendance policy and instead would document unexcused absences over a period of time, and eventually fire them for excessive absenteeism, after a series of warnings.
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.
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.
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.
