What's the reason for term?

HRinGA

We have/had an employee with performance issues.
Some were pretty serious so they sent him home for the day, told him they would have to discuss these issues and would call him to come back the next day. We called him twice yesterday and he is not returning our calls. He did not show up for work today either. We were going to terminate for unsatisfactory work performance, but since he has not returned to work and won't answer the phone, I have to send a letter. Should I phrase it differently or list a different reason such as job abandonement?

NaeNae55

This employee has been terminated for unsatisfactory work performance. His failure to return only slows the process.

I would write a letter telling him of his termination. If you wish, you can mention that you would have done it in person if he had responded to your calls as instructed.

I believe you need to keep to the facts. If he somehow turns around and sues, and it turns out he was unable to call due to being in an accident... you get my point I am sure. Stick to the facts (and the truth) and you better protect yourself.

Good luck!

Nae

Toto

I agree completely with Nae. Since you alrady made the decision to term & had the documentation to support it, why would you change the reason to job abandonment? It could place you in a weaker legal position because there are many valid reasons he couldn’t be reached or come to work.

HRinGA

Agreed. For some reason I was having 2nd doubts. I have the letter ready to go which basically states "as we discussed at our meeting, we had serious concerns regarding your quality of work, therefore the reason for terminating your employment is due to unsatisfactory job performance..."

Thx

pork1

THX: Additionally, I would tell the x-employee of appeal rights and instructions on how to get the written appeal before the authority, one higher in rank/position. Next point: The signature of the letter should be the manager in charge of this employee's performance and not you the HR representative. Do not become the companies "whipping boy or girl" by accomplishing an operational department supervisor/manager's. NEXT point: send the letter with a receipt required return postal system, so that the individual can not say "I never got the letter and no one told me anything about termination"!!!!

PORK

HRinGA

one step ahead of you Pork. I was simply typing the letter for mgt. No way I was going to let them type something up. No telling what it would say! We have sent certified/Rtrn Rct.

SMace

I'll throw in a disagree for Ho-ho's. I don't consider a termination as final until I'm sitting face to face with them. It is possible (not probable) that something may change your mind.

If you term for job abandonement you're almost guaranteed to win unemployment.

E Wart

If you have a "job abandonment/call in" policy, I would use this. Just say that he has not reported to work for x no. days, you have tried to reach him by phone to find out why (left voice mails and haven't heard from him). Therefore you consider this job abandonment and self termination. I would use his last day at work as his term date. This is "much cleaner" than bringing in attendance, especially since you don't seem to have addressed this.
Also, if self termination, I am sure you will win unemployment. Just make sure you have documented first that you told him you would call him to come back the next day and that you called on this date at x time and this date at x time and left 4 voice mails or whatever.

E Wart