If you find your employee performing poorly or below standard, what course of action, you can take for his non performance? You may issue a notice, asking him, to improve his work performance or issue a termination letter dismissing him from the job.
There are various reasons, why employees are dismissed from the active service of the company or organization:
•Poor or non performance of the work
•Unsatisfactory Behavior or Gross Mis-Conduct
If the employer finds, any of these negative points with the employee, he may issue proper termination letters against the employee. But, it is also important to note that, there are various factors, which may affect the employer for employee dismissal:
Employment Law – There are numerous clauses and provisions, which protect the right of the employee in the Employment Law.
Union Affiliation – The worker may be affiliated to some union, which may create problem to the employer, if worker is dismissed.If you’re looking for more tips, free wrongful termination has it for you.
Local & State Jurisdiction – The jurisdiction have also formulated certain provisions, for protecting, the right of the worker. It is necessary to find implications that may arise due to the worker dismissal.
Hiring Agreement and Company Policies – These company documents show, terms and conditions, responsibilities and termination clause for the removable of the worker, from the active company service.
Thus, an employer should consider all legal aspects and consult with the labor experts and union labor laws, before terminating the service of the worker.
It is also essential that, the company should follow, due procedure of termination, by issuing due advance notice to the employee, informing him of his job termination and, offer him a dismissal letter, after the expiry of notice period.
The Employee Termination Letter should contain below given points:
Date of the dismissal letter
Contact details of the worker
Job termination notice details
Reasons, for the termination and steps taken to enable the worker, for better work performance.
Ask to return all assets and documents, such as company car, official company residence, equipments and all other company documents.
Submission of expenses claim
Joining and leaving Date
Holiday and General Pay
Pension if applicable
Withdrawal of all benefits
If the worker is in Probation period then, the dismissal letter should show his poor work performance, which prompted his termination.
The employee should also be allowed to use his employee’s rights of appeal and, the letter must inform the procedure and process of the appeal and time frame, within which, the appeal should be made against the dismissal.
The letter should be signed by the employer and dated, asking the worker to sign and return the receipt of the letter including, the attachment with the letter.
The attachment may include copy of the hiring agreement, company policies and any other documents, which shows the right procedure followed by the employer in dismissing the employee.