Sample Termination of Employment Letter (Performance Issues - After Probation)

When terminating an employee due to poor performance after their probation period, it's crucial to follow a fair and well-documented process. This includes providing a clear termination letter that outlines:

• Reasons for Termination: Specific examples of unsatisfactory performance with dates, metrics, and relevant feedback or warnings.
• Actions Taken: Details on any coaching, training, or support provided to address performance issues during the probation period.
• Termination Date: The effective date and the employee's final day of employment.
• Final Pay and Benefits: Information on how the final paycheck will be handled, accrued leave, and when benefits will end.
• Company Property: Instructions for returning company-owned equipment, documents, or materials.

The letter should maintain a professional and respectful tone, using clear and straightforward language. It should be reviewed by HR, legal counsel, and senior management to ensure compliance with company policies and labor laws.

Key Steps
Gather Documentation	Employee reviews, meeting notes, company policies
Write the Letter	State reasons, actions taken, termination date, final pay, return of property
Review Process	HR, legal counsel, senior management
Deliver the Letter	Private meeting, obtain acknowledgment, keep records

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What You Need

Before drafting a termination letter for poor performance after the probation period, you'll need to gather some key documents and records. This ensures the termination process is fair, justified, and follows company policies.

Employee Reviews and Warnings

Collect all documented performance reviews, including any warnings or disciplinary actions taken during the probationary period. These records show the employee's underperformance and the steps taken to address issues. Include:

• Dates
• Details of performance problems
• Actions taken or improvements made

Meeting Notes

Gather notes from any meetings or discussions about performance concerns. These notes should have:

Meeting Details
Date
Attendees
Discussion Summary	Efforts made to address performance issues

Company Policies

Review company policies and procedures related to employee termination, including any relevant clauses or guidelines. Make sure the termination process follows these rules to minimize legal risks or claims.

Writing the Letter

Header

• Start with your company's letterhead, including the date and the employee's name and address.
• Keep the header formal and professional.

Purpose

• Clearly state the letter's purpose: to inform the employee of their termination due to poor performance during the probation period.
• Be direct and avoid ambiguity.

Background

• Provide details about the employee's position, start date, and probation period.
• This context helps the employee understand the reason for termination and the company's expectations.

Performance Issues

Issue	Details
Unsatisfactory Performance	List specific examples with dates, metrics, and relevant feedback or warnings.
Factual and Objective	Focus on the employee's performance, not personal characteristics.

Actions Taken

• Mention any warnings, coaching, or training provided during the probation period.
• Show the company's efforts to support the employee and address performance issues.

Termination Date

• State the effective date and final day of employment.
• Ensure the employee understands the timeline for their termination.

Final Pay and Benefits

Item	Details
Final Paycheck	Explain how the final paycheck will be handled.
Accrued Leave	Clarify any accrued leave or vacation time.
Benefits Termination	Provide information on when benefits will end.

Company Property

• Provide instructions for returning company-owned equipment, documents, or materials.
• Ensure the employee understands their responsibilities and the company's expectations.

Closing

• Offer well-wishes or express gratitude for the employee's service, if appropriate.
• Maintain a professional and respectful tone.

Signature

• Include the name, title, and contact information of the authorized signatory.
• This ensures the letter is official and represents the company's decision.

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Tone and Language

When writing a termination letter, use a professional and objective tone. This helps convey the situation's seriousness while avoiding personal or emotional statements that could be misunderstood.

Avoid Emotional Language

Do not use emotional language or make personal attacks. Instead, state the facts and reasons behind the termination decision. Be clear and direct, but also respectful and empathetic.

Use Clear and Straightforward Language

Avoid ambiguous or vague language that could be open to interpretation. Use simple and concise language to convey the necessary information, ensuring the employee understands the reasons for their termination.

Maintain a Respectful Tone

Remember that the employee is a person, and they deserve to be treated with respect and dignity, even during termination. Avoid using a confrontational or aggressive tone, and instead focus on being professional and courteous.

Tone Guideline	Explanation
Professional and Objective	Convey the situation's seriousness without personal or emotional statements
Clear and Straightforward	Use simple and concise language to ensure understanding
Respectful	Treat the employee with dignity, avoiding confrontational or aggressive tones

Language Examples

Avoid:

• "Your performance has been utterly unacceptable and a disappointment to the team."
• "Despite our efforts, you have failed to meet even the most basic expectations."

Use Instead:

• "Unfortunately, your performance during the probation period did not meet the required standards for this role."
• "Despite the coaching and support provided, the expected improvements were not achieved."

Review Process

Before sending a termination letter, it's important to have it reviewed. This helps:

• Confirm the information is accurate
• Ensure the tone and language are professional
• Identify any legal or HR issues
• Check that the letter follows company policies

The letter should be reviewed by:

Reviewer	Purpose
Human Resources (HR)	Ensure compliance with company policies and procedures
Legal counsel	Verify legal validity and adherence to laws
Senior management	Provide oversight and approval

Having these parties review the letter helps ensure it is accurate, compliant, and professional. This reduces the risk of legal disputes and maintains your organization's professional image.

Delivering the Termination Letter

Schedule a Private Meeting

Set up a private meeting with the employee to discuss the termination and provide the letter in person. Have another manager or HR representative present as a neutral witness. This shows respect for the employee and allows for a personal discussion.

Get Employee Acknowledgment

After providing the letter, obtain a signed acknowledgment from the employee. This confirms they received the letter and understand its contents. The acknowledgment can be a simple statement like:

"I, [Employee Name], acknowledge receipt of this termination letter on [Date] and understand its contents."

Keep Proper Records

Maintain thorough documentation throughout the termination process, including:

Records to Keep	Details
Termination Letter	The letter itself
Meeting Notes	Notes from meetings about the termination
Employee Reviews	Past performance reviews and warnings
Company Policies	Relevant policies and procedures followed
Correspondence	Any related communication or correspondence

Accurate records help protect your organization if there are legal disputes or claims. They also show fair treatment and policy compliance.

Summary

When ending an employee's job due to poor work after their trial period, it's crucial to follow a fair process. This includes giving a clear letter explaining:

• The reasons for termination
• Any past warnings or plans to improve performance
• Next steps

Use a professional tone and offer support during the transition. Keep accurate records, like:

• The termination letter
• Meeting notes
• Employee reviews

If needed, seek legal advice or consult HR to ensure you follow company policies and labor laws.

Key Points

• Termination Process

  • Follow a fair and consistent process
  • Provide a clear termination letter
  • Outline reasons for termination
  • Include previous warnings and improvement plans
  • Explain next steps

• Professional Approach

  • Maintain a professional tone
  • Offer support during the transition

• Documentation

  • Keep accurate records
    • Termination letter
    • Meeting notes
    • Employee reviews
  • Demonstrate fair treatment
  • Comply with policies and laws

• Seek Guidance

  • Consult legal counsel if needed
  • Work with HR professionals
  • Ensure compliance with company policies
  • Follow labor laws