Alabama Termination Letter - Excessive Absenteeism
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FAQ
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.
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.
Legally, this is described as firing for cause. In general, there are a half-dozen categories of acceptable reasons for termination: Incompetence, including lack of productivity or poor quality of work. Insubordination and related issues such as dishonesty or breaking company rules.
Are termination letters required? Most companies are not required by law to give employees letters of termination. The exceptions are those located in Arizona, California, Illinois and New Jersey. Most employers, however, do provide termination letters as a professional courtesy and a legal record.
Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action. Eight occurrences of unexcused absence in a 12-month period are considered grounds for termination.
A 30-to-90-day notice period is standard for terminating the workforce in one's organization.
It is possible to terminate the employment of a staff member who has been absent on extended sick leave exceeding a period of 3 months, in other specific circumstances.
So, if you're an at-will employee and your boss decides you've called in sick too much, they have every right to fire youand they also don't have to tell you that your illness (or excessive absences because of that illness) had anything to do with it.
The State of Alabama does not have any termination laws. Federal law covers such things as discrimination based upon age, race, religion, sex, national origin, and disabilities and is handled by the Equal Employment Opportunity Commission whose office is in Birmingham (205) 731-0082.
Under Alabama law, an employee can be fired or terminated for any reason, whether it's a good reason, bad reason or for no reason. This is called the employee at will doctrine. Under this doctrine, an employer can terminate someone for virtually any reason, whether its legitimate or not.
