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Termination Due To Poor Performance for the United States

Termination Due To Poor Performance Template for United States

A formal document used in the United States to terminate an employee's employment due to documented performance issues. This document outlines specific performance deficiencies, references prior warnings or improvement plans, and states the termination terms in compliance with federal and state employment laws. It serves as official documentation of the termination decision and protects the employer's legal interests while clearly communicating the reasons for termination to the employee.

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Termination Due To Poor Performance

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What is a Termination Due To Poor Performance?

A Termination Due To Poor Performance letter is a crucial document used when an employer needs to end an employment relationship due to documented performance deficiencies. This document is particularly important in the United States where employment law requires clear documentation of performance issues and fair treatment in the termination process. It should detail specific performance problems, reference previous warnings or performance improvement plans, and clearly state the termination decision. The document helps protect against wrongful termination claims while providing a clear record of the termination process.

What sections should be included in a Termination Due To Poor Performance?

1. Date and Address Block: Formal business letter format with current date and employee's details

2. Clear Statement of Termination: Explicit statement of employment termination and effective date

3. Performance Issues: Specific documented instances of poor performance

4. Prior Warnings: Reference to previous warnings and improvement opportunities provided

5. Final Pay Information: Details about final paycheck and benefits

What sections are optional to include in a Termination Due To Poor Performance?

1. Severance Details: Terms of any severance package offered, when company policy or agreement provides for severance

2. Company Property Return: Instructions for returning company assets when employee has company property in possession

3. Non-Compete Reminder: Reminder of existing non-compete obligations when employee has signed non-compete agreement

What schedules should be included in a Termination Due To Poor Performance?

1. Performance Documentation: Copies of performance reviews and warnings

2. Benefits Summary: Summary of post-employment benefits and COBRA information

3. Final Payroll Calculation: Detailed breakdown of final pay including any accrued PTO

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Clauses




















Industries

Title VII of the Civil Rights Act of 1964: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must ensure termination decision is not discriminatory.

Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Must verify termination is not related to any disability or reasonable accommodation issues.

Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Ensure termination is solely performance-based and not age-related.

Family and Medical Leave Act (FMLA): Federal law providing job protection for medical and family leave. Verify termination does not violate FMLA protections if employee has taken protected leave.

National Labor Relations Act (NLRA): Federal law protecting workers' rights to organize and engage in collective bargaining. Ensure compliance if workplace is unionized.

State Employment Laws: Various state-specific regulations including at-will employment provisions, discrimination protections, notice requirements, and final paycheck rules.

Performance Documentation: Required documentation including performance improvement plans (PIPs), previous warnings, disciplinary actions, performance reviews, and specific incident records.

Contractual Obligations: Existing agreements including employment contracts, company policies, employee handbook provisions, and collective bargaining agreements that may affect termination process.

Progressive Discipline Policy: Company's established system of escalating responses to address performance issues, ensuring fair treatment and reasonable opportunity for improvement before termination.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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