New York Termination Letter (Excessive Absenteeism)
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FAQ
When going through the termination process with an employee, make sure they are given these required documents: Final paycheck acknowledgment- Signed by the employee. For your benefit (Form 2320) COBRA notice.
New York requires employers to provide a written termination letter to employees, regardless of whether the employee's termination was voluntary or involuntary. The letter must state the date of termination of employment, and the date of termination of benefits.
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.
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.
Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.
New York requires employers to provide a written termination letter to employees, regardless of whether the employee's termination was voluntary or involuntary. The letter must state the date of termination of employment, and the date of termination of benefits.
Yes, your employer can fire you without a reason. However, under New York laws, employers cannot fire people for illegal reasons. While New York is an at-will employment state, meaning employers do not have to provide a just cause, the laws still protect employees from unlawful termination.
Under New York Labor Law § 195(6), employers are required to provide written notice to any employee terminated from employment with the exact date of such termination as well as the exact date of the cancellation of employee benefits connected with such termination. This written notice must be provided within five
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.
