How to Make HR Firing and Termination Letter?
A firing and termination letter is a dismissal document sent to an employee from their employer through HR. It can be through a physical letter or an email stating why the employee was getting fired and the reasons why it is essential to sever the contract between the parties.
A termination process is lengthy, and writing it down can also be challenging. It would help if you were careful about what to put in the letter, considering that there will be no loopholes for a possible lawsuit coming your way. We have here the steps to help you create a professional and legal firing and termination letter.
1. Review All pieces of evidence against the Employee
Before writing a letter, it is advised that you first go through the evidence that warrants termination in the first place. You cannot expound your reasons when you have no complete knowledge of details. What did the employee do that caused them to be fired? It may be poor performance and unable to reach their daily quota despite the chance of improvement. Or, perhaps, it is caused by a severe violation of the rules of conduct such as insubordination or wrongful use of company resources. It can also be due to legal cases such as bullying, harassment, and bodily harm against another employee. If you know and understand the offenses, writing the letter would be quick.
2. Mention Notices of Consultation and Discussion Prior to Termination
If the employee has repeatedly violated rules and failed to comply with the frequent demands of the company to change their behavior, you can mention it in the letter. This is to show that you, as the employer, have not immediately resorted to dismissal but had reached out to smooth things out before it spiraled out of control. In the case of litigations, the court will see that discussion and mediation did happen and that there were no illegalities in the process. Mention the number of times HR had to call the employee for violation and if there are any signed promissory notes.
3. State Unemployment Compensations, Benefits, and Last Pay
Next, you will need to assure your fired employees about the compensations and benefits they will get from their severance. If the case of termination is due to being laid off, then you may instruct the employee to file unemployment claims or enroll in the unemployment program. However, be careful when mentioning benefits and compensations to employees who were fired because of illegal or horrendous crimes. These causes of termination most definitely may not be qualified to get benefits. If they are still entitled to the last pay, then tell them when they can get it and whom to approach.
4. Notify Employee to Return Company Property
If you know that your employee still has some of the company's property with him, kindly ask them to give back the effects as soon as possible. You can also indicate in your letter that disregarding the request will be subject to any penalty, such as deduction to be taken from the last salary. Lastly, take your letter to your lawyer and let them check for any discrepancies.