Employee Termination

Sherrie

Our company had an employee that we terminated approximately two months ago. The reason for her termination was that she was not following through and completing her work on time and general poor job performance. The supervisor terminated this employee with a verbal meeting, but nothing formal was put in writing. The employee has now come back requesting a letter in writing outlining the reason she was terminated. She does not feel that it is clear to her why. Are we obligated to do this for her? Are we setting ourselves up for any legal ramifications if we do provide a letter in writing for her?

Balloonman

It took her two months to request this! If she calls again, tell her no the reasons were made clear in the meeting with her supervisor, if she disagreed, that would have been the appropriate time to clarify anything that was unclear.

My $0.02 worth.

hrbanker

Was anyone with the supervisor during the termination meeting? If the supervisor did not thoroughly document his/her discussion with the employee at the time, it should be done as soon as possible while the details of the conversation are still relatively fresh. The supervisor and witness should review it and sign that it is an accurate account of the termination meeting. I don't give terminated employees a written reason for the termination, but make sure it is documented for the file. It can take a long time for these things to get to court.

Don D

If you are not required by law in your state to give such notices of terminations and reasons for termination you aren't obligated to do it. In my state there is no such requirement. We do give hourly union employees a letter stating the reason for termination but it's more of a convenience to the company to do that because we have to notify the union of the act of termination. We give salaried employees written notification as well as telephone or personal supervisory visit when they are stationed somewhere besides corporate. Sometimes, IF it will more clearly define one of the companies ducks, we will give a written notice as well. The theory that you should always give it to them verbally and in writing is hooey.

Human Resources Manager

In Minnesota, an employer must give a truthful reason why an employee was terminated, if requested in writing by the employee. Request must be made in writing by the employee within 15 working days of termination. The employer has 10 working days from receipt of the request to give a truthful reason in writing for the termination.

Since it has been two months since the employee was terminated, you no longer have any legal obligation to provide a written reason for termination.

WOCO Frank

Ditto in Missouri. (Different time frames, but essentially the same requirements.)

I view these letters the same way I do employment references - If you're honest, and your organization acted accordingly, there should be no problem.

BTW, it may help to find out why your ex-employee wants the letter. Most of the requests I get for these letters are a requirement in the qualification process for some sort of government assistance.