Puerto Rico Termination Letter - Excessive Absenteeism

State:
Multi-State
Control #:
US-420EM
Format:
Word; 
Rich Text
Instant download

Description

This letter may be used by a company to terminate an employee for excessive absenteeism.

How to fill out Termination Letter - Excessive Absenteeism?

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FAQ

Does the WARN Act apply to Puerto Rico and other territories of the United States, such as Guam? Yes. Territories of the United States are subject to U.S. laws.

Section 403 of PROMESA modified Section 6(g) of the Fair Labor Standards Act (FLSA) to allow employers to pay employees in Puerto Rico who are under the age of 25 years a subminimum wage of not less than $4.25 per hour for the first 90 consecutive calendar days after initial employment by their employer.

285 indicates the just causes for resignation as follows: serious insult to the honor and person of the employee; inhuman and unbearable treatment accorded the employee by the employer or his representative; crime committed against the person of the employee or any immediate members of the employee's family; and.

Restrictive covenantsNon-compete clauses in employment contracts are valid and enforceable in Puerto Rico under general freedom of contract principles but must comply with requirements established by the Supreme Court of Puerto Rico.

A just cause termination means that the employer has terminated your employment on the basis of serious misconduct that goes to the heart of your employment contract. A just cause termination means that the misconduct was severe enough such that your employment relationship cannot be repaired.

Puerto Rico is not an 'employment at will' jurisdiction. Thus, an indefinite-term employee discharged without just cause is entitled to receive a statutory discharge indemnity (or severance payment) based on the length of service and a statutory formula.

Puerto Rico is not an employment-at-will jurisdiction. However, employers are allowed to terminate employees at will during an initial probationary period. The probationary period in Puerto Rico used to be limited to ninety (90) days, provided the agreement was in writing.

4 of 26 January 2017 (the Labor Transformation and Flexibility Act (Law No. 4)), requires that termination be for 'just cause' (or the payment of a statutory severance). A termination is for 'just cause' if it is not motivated by legally prohibited reasons or the product of the employer's caprice.

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Puerto Rico Termination Letter - Excessive Absenteeism