Seperation

MsLady · February 2003

Was my question not appealing enough? I see that several of you have read my inquirey, but no feed back. Someones advise on this matter would be very helpful and appreciated. My question is - Would a seperation letter be a requirement? We have paperwork on the seperation, however I recieved a call from the termed employee asking for a septeration letter. I personally have never had this questions before, and have never seen a letter of such. I am new to the organization that I am working for and I am just a team of one. Again, thank you for your time and have a great day.

Kari
[email]kswenson@edgewoodchildrensctr.org[/email]

Yahoo · February 2003

You're probably going to want to check your state laws on this one. In Missouri, we are required to provide "service letters" if a former employee meets certain criteria with his/her request. Doesn't happen often - when it does, our corporate attorneys handle the letter.

Moria · February 2003

Was this employee terminated or just a "quit". We do not give a letter of separation to employees leaving on their own, but if it is a termination I certainly do give the outgoing employee a copy any written disciplinary action plans, etc.

Hope this helps.

pecohr · February 2003

In our state we are not required to provide seperation documentation (check your state requirements) and I would be reluctant to respond in writing especially if this is a termed employee. They may be attempting to get information for a future litigious situation. I know I'm paranoid today, but I would still wait for the request from legal counsel.

Don D · February 2003

Our state is one that does not require notification as to reason for separation, written or otherwise. Your question was a bit generic; so, I'd say that if the separation is due to a reduction in force, the employee is due an all inclusive letter advising "...due to", benefits to follow, timing, severance, unemployment insurance guidance and placement information. If you have a union, you would be wise to put the separation in writing with a copy to the local and stating the precise violation, etc. If your state is one that requires this in writing I would suggest, only the facts, Ma'am, only the facts: Date, Name, Effective Date, and the minimum information required by law in your state. Such a letter can never be retracted and rarely can it be replaced with later wisdom.

MarieA · February 2003

In Texas we don't have to give a separation notice, but in Tennessee you do have to supply the notice within 24 hours of the separation.

I'm not trying to embarrass you, but you might not have received responses to your first posting because of the misspelled topic.

HRPeg · February 2003

Being from Tennesse myself, I will tell you that the response from the post in Texas is correct. You have 24 hrs to provide the leaving employee a separation notice. I would be glad to fax you a copy of the form if you will send me your fax number to [email]peggyr@nacscom.com[/email].

John Vering MO · February 2003

If there is a proper service letter request, you must respond or face possible punitive damages. You need to check with legal counsel to determine in a proper service letter request was made. Even if you have no legal obligation to respond, consider whether failure to respond will cause employee to suspect that an improper reason for termination was given. Finally, be careful to investigate carefully before giving an answer. A request for reasons for termination often means the employee has a lawyer and giving one reason now and a different reason when a lawsuit is filed may create legal liability.
John Vering
Mo. Co-editor

Don D · February 2003

>If there is a proper service letter request, you must respond or face
>possible punitive damages.

What state(s) are you speaking of. In Mississippi, in the absence of a subpoena, none is required in any case of termination. If a service letter is 'lawyer speak' for subpoena, of course I would agree. We have received letters from lawyers who state their letter of request for a document is a service letter, when, in fact it is not. You guys can be tricky.

Seperation

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