South Carolina Termination Letter - Excessive Absenteeism
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How to fill out Termination Letter - Excessive Absenteeism?
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FAQ
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.
South Carolina is an at-will state, which means that employers can terminate employees at any time, with or without cause and with or without notice. The employee handbook should reinforce that employees are at will.
To be wrongfully terminated is to be fired for an illegal reason, which may involve violation of federal anti-discrimination laws or a contractual breach. For instance, an employee cannot be fired on the basis of her race, gender, ethnic background, religion, or disability.
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.
Generally, if there has been no prior instance of absenteeism, the employer is not entitled to dismiss. But if the absence is coupled with insubordination, dismissal may be justified.
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.
A. South Carolina is an at-will state, which means that employees may be terminated for any reason, a good reason, a bad reason, or no reason. The employee may also quit for similar reasons without providing notice to employer.
The 5 fair reasons for dismissalConduct. In this case, an employee is being dismissed due to a reason related to their conduct.Capability or performance.Redundancy.Statutory illegality or breach of a statutory restriction.Some other substantial reason.
In South Carolina, workers have the right to organize and the right to designate representatives of their own choosing to negotiate the terms and conditions of employment. No employer may discharge or discriminate in the payment of wages against any person because of his or her membership in a labor organization.
Wrongful Termination or Discharge in South Carolina Wrongful termination or wrongful discharge can be used as a catch-all label for a scenario where an employer discharges an employee but where the employee was protected in taking the actions that gave rise to the termination.
