Employers Rights Legal

Terminating an employee? Here's what you must consider before firing.

As a manager or business owner, you must never fire an employee based on verbal feedback. Written documentation is important for both communicating to the employee and providing a record for the business if a wrongful termination lawsuit occurs. You will also use this documentation when writing a termination letter. Because firing an employee is often stressful on the manager, using a sample written letter of termination is a wise move.

Content of a Sample Written Letter of Termination

No sample written letter of termination will fit your every need. You should view this sample as a template. While you will need to change it for each termination, a sample letter will help you avoid mistakes and set a professional tone for this important legal document. You can find many samples on the internet or in books that will cover your basic needs. Then create an all-purpose template to use when the situation arises. Here are some items to look for in your sample.

First, the letter should start with a salutation. Then it should get right to the point. The letter must explain you are ending this individual's employment and give the effective date. Usually, this date is immediately. This follows the standard practice of business writing of placing the main point at the beginning of the document.

Then you must list the reasons you are firing the employee. Make sure your sample written letter of termination includes space for this. If it does not, you may want to adapt your template. When writing an actual letter, make your reasons concise and clear. Associate each item with a date. Remember you must have a paper trail of documentation to back up all the reasons you list in the letter. Also include your any attempts to help the individual correct problems such as special training classes.

The next section of the letter should give the employee instructions on what they must do. For example, the employee should return his or her keys and identification badge to the front desk.

Then explain what severance you will give the worker and how you came to these final numbers. Will it reflect pay for the next two weeks in place of a notice? Will it include the employee's holiday or sick pay? Also you should list out any more benefits like temporary continuation of health insurance or employee relocation services.

Specify the employee appeal procedures. Attach any relevant company policy and phone numbers the employee will need to call if there are any questions.

Finally give a signature block for the employee to sign as confirmation. You should have your signature block and be sure to sign and date the letter. Get an original signature from the person that he or she received the letter. If the person refuses to sign then just note this on the letter and make sure you have a witness in the termination meeting. A representative from human resources is always an excellent choice.

In conclusion, sample written letter of termination makes a difficult process easier. And it protects you and your company from wrongful termination lawsuits. It is an important part of the overall termination process.