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Termination Recommendation Letter for the United States

Termination Recommendation Letter Template for United States

A Termination Recommendation Letter is a formal internal document used in United States organizations to initiate and document the process of employee termination. It presents a structured case for termination, including documented evidence of performance issues, policy violations, or other grounds for termination, while ensuring compliance with federal and state employment laws. The document serves as both a recommendation and a record of due process in employment decisions.

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Termination Recommendation Letter

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What is a Termination Recommendation Letter?

The Termination Recommendation Letter is a crucial document in the United States employment termination process, serving as a bridge between identifying performance or conduct issues and taking formal action. This document is typically used when a manager or supervisor determines that termination is necessary after progressive discipline steps have been exhausted or when immediate termination is warranted. The letter must comply with federal employment laws and state-specific regulations, documenting specific reasons for the recommendation while avoiding discriminatory language. A well-crafted Termination Recommendation Letter helps protect the organization from potential legal challenges while ensuring fair treatment of employees.

What sections should be included in a Termination Recommendation Letter?

1. Recipient Information: Details of the person/department to whom the recommendation is addressed

2. Employee Information: Name, position, department, and tenure of the employee recommended for termination

3. Basis for Recommendation: Clear, factual reasons supporting the termination recommendation

4. Documentation Reference: List of supporting documents evidencing the reasons for termination

5. Prior Corrective Actions: Summary of previous attempts to address the issues

What sections are optional to include in a Termination Recommendation Letter?

1. Financial Impact: Analysis of financial implications of termination, used when relevant to decision-making

2. Transition Plan: Proposed plan for handling employee's responsibilities, included when immediate coverage is critical

3. Risk Assessment: Evaluation of potential legal or operational risks, included when significant risks exist

What schedules should be included in a Termination Recommendation Letter?

1. Performance Reviews: Copies of relevant performance evaluations

2. Disciplinary Records: Documentation of warnings, reprimands, or improvement plans

3. Incident Reports: Records of specific incidents supporting termination recommendation

4. HR Documentation: Relevant correspondence, meeting notes, or other HR records

Authors

Alex Denne

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

Jurisdiction

United States

Document Type

Termination Letter

Cost

Free to use
Clauses


















Industries

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

Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Termination recommendation must not show age bias.

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

Family and Medical Leave Act (FMLA): Federal law providing eligible employees with job-protected leave. Verify termination doesn't violate FMLA protections or involve retaliation for FMLA use.

National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Ensure termination doesn't violate protected concerted activities.

Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and employment standards. Verify termination isn't related to wage complaints or FLSA rights.

State Employment Laws: Various state-specific laws regarding termination notice, final paycheck requirements, and additional anti-discrimination protections beyond federal law.

Documentation Requirements: Essential records including performance reviews, disciplinary actions, written warnings, PIPs, and attendance records that support termination decision.

Company Policies: Internal HR policies, employee handbook provisions, progressive discipline procedures, and any applicable collective bargaining agreements.

Whistleblower Protection Laws: Federal and state laws protecting employees who report violations of law or public policy. Ensure termination isn't retaliatory against protected whistleblowing.

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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