#84 Discharge for Cause: Substandard Performance1

December 15, 2017

Rick Ricardo
261 Dorset Street
Brooklyn, New York 11236

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, 2017, you received a verbal correction for substandard work performance and an unwillingness to perform properly assigned work duties. On October 4, 2017, you received a written correction for substandard work performance, glass breakage, and insubordination. On November 2, 2017, 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 thirty 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 #55.

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.

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