Utah Termination Letter (Excessive Absenteeism)
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FAQ
A form of employment discrimination, wrongful termination occurs when an employer fires an employee for unlawful reasons that violate an employment contract, public policy, or antidiscrimination laws defending the rights of employees belonging to a protected class.
Employers may not be permitted to terminate employees if the reason that they missed work is considered a protected activity under state or federal law. For example, the employee may have gone to a union meeting, reported for jury duty or voted when he or she missed work.
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.
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.
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.
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.
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.
For example, if your Utah 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.
If they violated any of a contract's terms, such as failing to discuss performance issues with you before letting you go, you may be able to file a claim. Your contract might be a document you signed when you started your job, or it may be an agreement between your union and employer.
Utah is an employment-at-will state. This means that an employer may generally terminate an employee at any time and for any reason, unless a law or contract provides otherwise.
