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A wrongful termination can take several forms. These include: Terminating an employee for reasons that are discriminatory. Federal and New Mexico law prohibit employment discrimination based on age (if at least 40 years old), gender, race, skin color, religion, national origin, disability and pregnancy.
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.
New Mexico is an employment-at-will state. This means that an employer may generally terminate an employee at any time, for any reason, or for no reason, unless an agreement exists that provides otherwise.
For example, if your New Mexico employer fires you for discriminatory reasons, in violation of an employment contract, or in retaliation for exercising your rights, you may have a legal claim against your employer for wrongful termination.
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.
Wrongful termination is when an employee is fired illegally. This occurs when an employee is terminated because of discriminatory practices in the workplace, when a company violates public policy in the process of terminating the employee, or when a company's own guidelines for termination were not followed.
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.
What should I put into a termination letter?Employee name.Company name.Name of the manager overseeing the termination.Date of letter.Date of termination.Reason for termination.List of verbal and written warnings.List of items to be handed in before leaving (company laptop, keys, etc.)More items...?
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.