364
Termination Notices
#85 Discharge for Cause: Substandard Performance
1
December 15, 2010
Rick Ricardo
206 East 81st Street, Apt. #2
New York, NY 10028
Dear Mr. Ricardo:
This is to inform you that you are being terminated immediately for failure to perform
your work at an acceptable level. On August 7, 2010, you received a verbal correction
for substandard work performance and an unwillingness to perform properly assigned
work duties. On October 4, 2010, you received a written correction for substandard
work performance, glass breakage, and insubordination. On November 2, 2010, you
received a final written warning for substandard work performance, insubordination,
and threatening your supervisor.
In this period of time, you were sent to outside training on dealing with conflict in the
workplace. You were also placed on a paid, one-day decision-making leave to rethink
your commitment to this institution.
2
However, today you committed a serious error in the handling of your cage wash
duties. Namely, you failed to place the rabbit rack in the rack washer after spraying it
down with acid. Because you did not notify your coworkers about this exception to
standard operating procedures, a fellow worker handled the acid-covered rack and
was subsequently injured.
3
Your failure to properly process equipment demonstrates an ongoing inability to
perform at an acceptable level and a lack of concern for your job. I consequently have
no choice but to immediately sever this employment relationship.
Your final paycheck through the close of business today is attached. Within 30 days, we
will issue you a statement of accrued benefits. You may choose to continue your medical
insurance coverage at your own expense. Please contact Karen Johannsen in the Benefits
department at your earliest convenience. She will explain the status of your benefits and
COBRA options and also arrange for the return of any company property.
Sincerely,
Fred Mertz
Director, Research Lab
1
See Write-Up #50.
2
Detailing all your affirmative efforts to rehabilitate the employee in conjunction with the history of formal
disciplinary measures taken is a good strategy in a termination letter. Remember that if the ex-employee seeks
counsel to sue you for wrongful discharge, this letter will be the first piece of evidence reviewed by plaintiff’s
counsel. A well-constructed termination letter outlining your actions could function as a “repellent” to dissuade
a lawyer from taking on the case.
3
This was a very minor injury, but it sufficed to make this final incident “clean” in order to warrant a discharge.
Discharge for Cause: Substandard Performance
365
#86 Discharge for Cause: Substandard Performance
1
September 17, 2010
Mary Wellington
25972 Pueblo Court
Canyon Country, CA 91355
Dear Ms. Wellington:
This is to inform you that you are being terminated immediately for failure to perform
your work at an acceptable level. On August 31, 2010, you received a final written
warning for substandard work performance, an unwillingness to perform properly
assigned work duties, excessive telephone usage, refusal to follow proper work
instructions, and persistent infractions of properly established work rules.
In this period of time, your supervisor met with you twice a week to assist you in meet -
ing your deadlines and properly administering your accounts. You were also placed on a
paid, one-day decision-making leave to rethink your commitment to this institution.
However, yesterday you committed a serious error in the handling of your Medicare
collections files. Your supervisor, Linda Huntley, discovered that you had missed a 60-
day deadline to submit a claim. When I asked you about this, you stated that you were
working denials all day, and that you thought you had six months—not 60 days—to file
the Medicare appeal. I asked you whether you felt you used proper judgment and
followed standard departmental guidelines. You responded that you didn’t think you
were “totally in the wrong” because others in the department don’t know the guidelines
and because if you call the automated phone line at Medicare, you get two or three
different answers. Unfortunately, these issues have little to do with the fact that you
missed the standard 60-day deadline. This action is a clear breach of the terms of your
August 31 final written warning.
Your failure to properly process Medicare receivables and claims demonstrates an
ongoing inability to perform at an acceptable level and a lack of concern for your job.
I consequently have no choice but to immediately sever this employment relationship.
Your final paycheck through the close of business today is attached. There will be no
severance pay since your termination was for just cause. Within 30 days, we will issue
you a statement of accrued benefits. You may choose to continue your medical insur -
ance coverage at your own expense. Please contact Chuck Whitley in the Benefits
department at your earliest convenience. He will explain the status of your benefits and
COBRA options and also arrange for the return of any company property.
Sincerely,
David Verucchi
Director of Accounting
1
See Write-Up #23.

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