#91 Summary Discharge: Failure to Pass Certification Exam
Two years earlier, it had been mandated that diagnostic technicians pass a CMV examination. This five-year employee was the only one not to pass the test in the first year. The company allowed the technician to retake the test the following year, but he failed to pass that second time. He was discharged as soon as the company learned that he did not pass.
August 15, 2017
Jim DeMattias
9201 Marmora Street
Morton Grove, IL 60053
Dear Jim,
I regret to inform you that our company must exercise its right to terminate you for failure to pass the CMV examination this year. As you know, passing the CMV examination was mandated two years ago as a result of increased demands in the diagnostic laboratory field. Your job description was altered in 2016 to reflect this new requirement. Your annual performance evaluations in 2016 and 2017 also stated that you must pass the CMV exam and obtain your certification in order to retain your position. You acknowledged this requirement by signing your revised job description as well as your performance reviews.
Seeing that this exam is given only once a year, in June, your inability to pass the exam in 2017 could have led to your dismissal at that time. However, as you’ll recall, we agreed that you could take the exam in 2017 even though you were the only uncertified lab technician in the department. In June of 2017, you signed a document stating that “if you failed to provide the department with written proof of passing the CMV examination in June of 2017, you would be dismissed.”
Yesterday, we received the news that you did not pass the test, and we must consequently sever our employment relationship. I wish you well, Jim, and I thank you for your hard work and commitment to our department and company over the past five years.
Sincerely,
Ron Bauers
Lab Director