Friday, June 21, 2013

TERMINATION OF EMPLOYMENT FOR EMPLOYEE ON PROBATIONARY STATUS

Case: The new employee was evaluated on her 5th month and did not meet the expectation or the requirements which was set by the management with her prior to starting her first hour of work on her first day.  In other words, all expectations were made known to her during the orientation including the awareness to the company policies and procedures. Employee Handbook was also discussed and given to her in which she signed an acknowledgement.
 Is termination of employment and not putting her on a regular employment status valid and legal? How would you write the termination notice?

Answer:  Yes, definitely it is legal to terminate employment if the probationary employee failed to meet the expectation of her superior or the management. Just be sure to document the measures made like the Performance Evaluation , in case of poor performance and the Daily Attendance Record, in case of poor attendance. It would great too, to keep note of the warnings given be it verbal or written warning. And that's to make sure that everything had been done, like giving feedback in order to help the probationary employee improve her performance.

It is also advisable to evaluate the Probationary employee on their 3rd and 5th month. The termination notice should be received at least 30 days prior to its effectivity. To be safe, use the 30 day notice period.
In the termination notice, be sure to state the reason why, and the related / referred clause and chapter from the Employee Handbook.

Template for Notice of Termination of Probationary Employee

Dear ___________________,

With reference to Chapter ___, Clause _____of Employee Handbook, we regret to inform you that you failed to meet the requirements set for the job assigned to you.
Your performance rating result in the last 5th month of your employment is not satisfactory, hence, the need to terminate your contract effective  ________________.
We appreciate the service and the time you have willingly shared with the company.


Very Truly Yours,

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