This review list is intended to educate you about the subject of this document and to aid you in its preparation. After the employee signs the Final Release form and one copy is delivered to the accounting office, this termination letter should be presented to the employee. The Final Release is the more significant of the two papers, and it should be dealt with as a matter of first priority.
This second document discusses the separation terms, which may include but are not limited to keys, company property, and the like. Our business expertise indicates that you should maintain your stance that no signing equals no severance. This is your greatest opportunity to complete the documentation prior to the arrival of a lawyer or government official. After obtaining these signatures, to my knowledge, no firm of mine has ever been sued, much less had to pay any more funds in any settlement.
- Prior to the meeting, the amount of severance pay should be determined. Maintain a
firm stance on the matter or you risk dissolving the entire deal. Regular employee terminations are far more difficult, as the employee is frequently disappointed, and the employer is frequently enraged at poor performance. In other words, the dialogue is ripe for confrontation, and the Employee, on the whole, is unaware of the Employer’s rage, since the majority of terminations include an Employee who “could” complete the work but chose not to, despite prior discussions, and attempted to “get away with it” and remain employed.
- Ensure that you obtain all keys to the property and restrict access to the dismissed
employee’s office. Convince them that it’s in their best interest to leave for their own sakes. You can package their belongings at a later date. If you foresee any difficulties, arrange for someone to package up the products while this meeting is taking place.
- Keep in mind that you have the freedom to conduct them off-premises for any reason
you like as long as you do not divulge it. Discuss the whys and wherefores of ending in silence. Generally, you may terminate someone at will. However, you may not terminate them for a variety of particular reasons, which is always expanding. The less spoken about anything, the better.
- If the dismissed employee requests your opinion on their performance, reference, or
anything else, advise them to take care of it now and contact you back tomorrow after they’ve had an opportunity to consider their options. You’ll be able to get them out of the building while still staying out of hot water. Additionally, it results in a far more measured employee response, which enables you to aid them, to the degree possible, in finding another employment quickly. This is especially true for an employee who has been with the company for a longer period of time.
- For newer employers, allow me to add that I have never dismissed an employee with
any regrets in the medium or long term. The majority re-enter the workforce successfully, and many actually benefit from their termination. Naturally, this is beneficial to them. However, this is of little consolation to the Employer who has invested in the Employee without receiving an acceptable return on his or her investment.
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Termination, During Probation Period
Personal and Confidential
Name of Employee:
This letter confirms our conversation today stating that the Company (“Employer”) has decided not to continue your employment (“Employee”), and, accordingly, your employment will end effective today.
The Company is granting you ___ additional weeks pay for your service and your return of all company property including keys, cars, equipment, and any other company owned items under your possession, custody, or control.
If you have any questions with respect to this Agreement, do not acknowledge this document until these questions have been cleared up to your satisfaction. If you do not sign this Agreement today, the Company withdraws its offer for one week of additional pay in consideration of your signing this Agreement and your termination stands, as well as your obligation to return all Company property as mentioned in paragraph 2 above.
Yours very truly,
Authorized Name of Employer
Acknowledgment by Employee
Termination, Regular Employee
This review list is provided to inform you about this document in question and assist you in its preparation. This termination letter should be presented to Employee after the Final Release form is signed and one copy given to the Accounting office. The Final Release is the more important of the two documents and should be handled first.
This second document relates to the terms of separation, including but not limited to keys, corporate property, and the like. It is our business experience that you should stand firm on the grounds that no signature means no severance. This is your best chance to get the documents in place prior to a lawyer or government official being brought in. After gaining these signatures, no company of mine, at least to my knowledge, was ever sued, much less had to pay any additional monies in any settlement.
1. Severance amount should be fixed prior to the meeting. Do not waver on the subject or you will wind up unraveling the entire agreement. Regular employee terminations are much trickier because the Employee generally feels let down and the Employer is generally angry about poor performance. In other words, the conversation is ripe for conflict and, as a rule, the Employee does not suspect the anger on the part of the Employer since most terminations relate to an Employee who “could” do the work, but wouldn’t, despite conversations in that regard, and tried to “get away with it” and keep employed.
2. Be sure to get all keys to the property and limit the terminated employee’s access to their office. Suggest they are better off leaving for personal reasons. You can box up their goods at a later time. If you anticipate any problems, get someone to box up the goods while having this meeting.
3. Remember it is your right to conduct them off the premises for any reason of your choosing as long as you do not disclose it. Do not discuss the whys and wherefores of termination. You can terminate people at will, as a rule. However, you may not terminate them for a host of specific reasons, and that list expands on an ongoing basis. The less said, the better.
4. If the terminated employee wants your input about their performance, reference or the like, tell them to take care of today and call you tomorrow about it when they have a chance to reflect upon what they want. This both gets them off the premises and keeps you out of trouble. It also makes for a much more measured employee response so you can assist them, to the extent you are able, to help them get another job promptly. This is especially true for a longer-term employee.
5. For newer employers, let me add that I have never terminated an employee with any medium or long term regrets afterwards. Most successfully find new employment and many actually learn from their termination. This is good for them, of course. But, it is of little consolation to the Employer who has invested in the Employee without a reasonable return.