New Jersey Termination Letter - Excessive Absenteeism
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FAQ
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.
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.
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.
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.
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.
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.
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.
A dismissal letter is not required in New Jersey; however, employers can protect their interests by providing the employee with such a letter upon termination.
