California 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.
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.
An individual's failure to perform properly or neglect of duty is wilful and misconduct if he or she intentionally, knowingly, or deliberately fails to perform, or performs in a grossly negligent manner, or repeatedly performs negligently after prior warning or reprimand and in substantial disregard of the employer's
Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action.
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.
If you are fired because you lacked the skills to perform the job or simply weren't a good fit, you should be able to collect benefits. If you are fired for misconduct, however, you will not be eligible for unemployment benefits.
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.
Follow these steps to ask for your job back after being fired:Consider why you lost your job.Assess your behavior.Make demonstrable changes.Check the rehiring policy.Make contact to inquire about rehiring.Justify a second chance directly.Prove them right if you're hired.Remain professional if you're not hired.
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.
