The Letter of Termination Due to Poor Performance is a critical document used when an employer needs to formally end an employment relationship due to documented performance issues. This document is particularly relevant in the United States, where it must comply with both federal and state employment laws, including at-will employment provisions and anti-discrimination regulations. The letter should be issued after proper performance management procedures have been followed, including performance improvement plans, documented warnings, and reasonable opportunities for the employee to improve. It typically includes the termination date, reasons for termination, final pay information, benefits details, and next steps. This document serves both as official notification and as protection for the employer by formally documenting the performance-based reasons for termination.
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1. Employee and Company Information: Full names and addresses of both the employee and company, date, and employee ID if applicable
2. Clear Statement of Termination: Direct statement of employment termination and effective date
3. Performance Issues Summary: Brief outline of documented performance issues, including dates of previous warnings or performance improvement plans
4. Prior Corrective Actions: Summary of previous attempts to address performance issues, including coaching, warnings, and improvement opportunities provided
5. Final Pay Information: Details about final paycheck, including salary, accrued vacation, and other compensation
6. Company Property Return: List of company property to be returned and process for return
7. Benefits Information: Overview of benefit termination dates and COBRA information
1. Severance Package: Include when severance pay or benefits are being offered, detailing terms and conditions
2. Non-Compete Reminder: Include when employee is bound by existing non-compete or non-disclosure agreements
3. Outplacement Services: Include when company is providing career transition assistance
4. Reference Policy: Include when specifying company's policy on providing references
5. Appeal Process: Include when company policy allows for appeals of termination decisions
6. Release Agreement: Include when requesting employee to sign a release of claims in exchange for severance
7. Union Requirements: Include when employee is covered by collective bargaining agreement with specific termination procedures
1. Performance Review History: Copies of relevant performance reviews and evaluations
2. Warning Documentation: Copies of written warnings, performance improvement plans, and related correspondence
3. Meeting Notes: Documentation of performance-related meetings and discussions
4. Benefits Summary: Detailed information about benefit continuation and termination dates
5. Final Compensation Calculation: Breakdown of final pay including any severance or accrued benefits
Relevant legal definitions
Effective Date
Final Pay
Accrued Benefits
Company Property
Confidential Information
Performance Improvement Plan
Written Warning
Verbal Warning
Severance Pay
COBRA Coverage
Non-Compete Agreement
Non-Disclosure Agreement
Exit Interview
Performance Standards
Final Paycheck
Paid Time Off
Benefits Continuation
Company Materials
Intellectual Property
Release of Claims
Final Pay
Accrued Benefits
Company Property
Confidential Information
Performance Improvement Plan
Written Warning
Verbal Warning
Severance Pay
COBRA Coverage
Non-Compete Agreement
Non-Disclosure Agreement
Exit Interview
Performance Standards
Final Paycheck
Paid Time Off
Benefits Continuation
Company Materials
Intellectual Property
Release of Claims
Clauses
Termination Notice
Performance History
Compensation
Benefits Termination
Company Property Return
Confidentiality
Non-Compete
Non-Solicitation
Final Payment Terms
Release of Claims
Reference Policy
Exit Procedures
Legal Rights
Appeal Process
Severance Terms
Continued Obligations
Return of Documents
Benefits Continuation
Final Settlement
Acknowledgment
Performance History
Compensation
Benefits Termination
Company Property Return
Confidentiality
Non-Compete
Non-Solicitation
Final Payment Terms
Release of Claims
Reference Policy
Exit Procedures
Legal Rights
Appeal Process
Severance Terms
Continued Obligations
Return of Documents
Benefits Continuation
Final Settlement
Acknowledgment
Relevant Industries
Technology
Healthcare
Financial Services
Manufacturing
Retail
Professional Services
Education
Construction
Hospitality
Transportation
Energy
Telecommunications
Non-Profit
Government
Media and Entertainment
Relevant Teams
Human Resources
Legal
Operations
Employee Relations
Compliance
Management
Administration
Relevant Roles
Human Resources Manager
HR Director
Department Manager
Supervisor
Team Lead
HR Business Partner
Employment Law Attorney
HR Coordinator
Operations Manager
General Manager
Chief Human Resources Officer
Personnel Manager
HR Compliance Specialist
Employee Relations Manager
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