Washington Termination Letter (Excessive Absenteeism)
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FAQ
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.
Go somewhere private and then lead with the punch line, says Glickman. She suggests you begin by saying, I have some bad news for you. Today is your last day here. Then state the reason for termination in one simple sentence. Be transparent, she says.
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.
California law requires employers to provide employees certain documents at the end of their employment. 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)
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.
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.
Wrongful termination is a legal phrase that means that an employer fired an employee and broke a law in the process.
A. The law does not require employers to give a worker notice before terminating their job. Employers are not required to give warnings or follow any particular steps before terminating an employee.
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.
