Sample Termination Letter for Sexual Harassment
October 15, 2010
Dear Mr. James J. Johnson:
Unfortunately your employment with the Washington Janitorial Company is being terminated effective immediately for violating our policy on Sexual Harassment.
On October 12, 2010, at approximately 10:15 am your supervisor witnessed you inappropriately touching another employee. After questioning the other employee your behavior was not welcomed and extremely offensive to them. On September 25, 2010, you were issued a written warning letter for continuing to ask this same employee on a date after they clearly told you they were not interested. On September 28, 2010, you signed acknowledging that you read and understood our company policy on sexual harassment.
Your final pay of $768.97 for hours worked is being issued as a part of this termination. Any pay due for any other benefits such as vacation will be provided in accordance with state law at a later date.
Any other benefits available to you, such as Consolidated Omnibus Budget Reconciliation Act (COBRA) will be provided through a separate correspondence at a later date.
Mr. Johnson, you are expected to return all uniforms and keys immediately. If you fail to return all uniforms and keys by October 25, 2010, we will withhold the cost to replace them from your vacation pay in accordance with state law.
We wish you success in all your future endeavors.
Human Resources Director
This sample termination letter is of course just an example and it is extremely important that you know, understand, and follow your state employment law.
When you are preparing to issue a termination letter it is important to assess the potential reaction from the employee.
My recommendation is to always place you in a position closest to an exit. That if you feel there is a potential for violence make sure that there is more than one person issuing it along with possible security or numerous people available to help if necessary.
In my long career I have been very fortunate even though a few times I thought something might happen. Just keep in mind that there is always that possibility.
Good Luck and May God Bless You!
When and How to Fire an Employee Gracefully and Legally
Getting fired is nature’s way of telling you had the wrong job in the first place…
Tell that to the one getting fired! If only employees knew how much it hurts employers to take the tough decision of firing an individual who could do so much better yet lacks the motivation. It’s also true what they say, “If you aren’t fired with enthusiasm, you will be fired with enthusiasm”!
Ask any disgruntled employees why they were fired… a lot of excuses will come forth. In truth, managers and employers fire individuals based on the following reasons:
✔ Poor work performance/issues with productivity
✔ General layoffs
✔ Unprofessionalism/gross misconduct at work
It’s illegal to terminate an employee based on gender, race, age, marital status, or religion! Additionally, an employer must always have a just and valid reason to back up this decision (personal reasons don’t count) as wrongful termination can result in a lawsuit.
Termination of employees must always be conducted on legal grounds! Here is how to go about this process:
Have a Witness When Firing an Employee
Someone from your Human Resources department must be present at the time you are handing the termination letter to the employee. This is important for many reasons. Firstly, the employee won’t be able to claim unlawful termination or deny the event ever happened.
Don’t have an HR department or representative? Entrust this responsibility to a trusted employee or even your company’s lawyer if applicable.
Leave Element of Surprise Out of the Proceeding
Terminating an employee without a previous warning is against the law. It’s crucial that you give them a warning, stating why they need to improve their performance or behavior… give them a date to get their act together!
It’s alright to fire an employee without any prior warning due to a serious policy violation. In all other cases, conduct performance reviews before firing an employee.
Employment Laws Regarding Termination
Are you thinking of terminating an employee from your service? It’s important to have an idea of federal employee and termination laws!
Look at the Termination page on Department of Labor’s website before starting anywhere else. You must also have an understanding of how to terminate employees legally as per your state requirements…
Are you complying with state and federal laws before engaging in first round of layoffs in your company? Make sure this step of the process is carried out in a legal and graceful way!
It isn’t always easy to let somebody go. The least any employer can do is fire an employee as per employment law.
Look at these warning letter samples for late attendance before penning one down to the employee in question. Leadership Skills for Life also provides other helpful resources for managers and leaders!