MODEL TERMINATION LETTER TO WORKER
Dear First Name:
This is to notify that you have been terminated, effective [date]. This is a difficult decision that is based on your continuing pattern of willfully and recklessly endangering yourself and your co-workers by failing to follow Company safety rules despite warnings and other disciplinary actions. The decision also represents the culmination of a lengthy progressive discipline process, each stage of which is summarized below:
First Violation & Verbal Counseling
Your first violation occurred on [date] when you were observed [describe offence]. In response, your [supervisor name] took you aside to provide verbal counselling to explain what you were doing wrong and why it was a violation of Company safety policies. You explained [summarize worker’s explanation]. But you also agreed that what you were doing was wrong and unacceptably dangerous and that you could face discipline for future violations. As counseling ended, you promised [supervisor name] that you wouldn’t do it again and assured him/her you would make a more determined effort to follow safety rules in the future.
Second Violation & Written Warning
Despite these assurances, you [describe new offence] on [date]. Once again, [supervisor name] spoke to you about working unsafely and pointed out the safety rules you were violating. This time, your explanation was [summarize worker’s explanation]. We concluded that your explanation was unsatisfactory and sent you a written warning letter on [date] to make it clear that we found your behaviour unacceptable and warning that any further violations would result in further disciplinary action under the Company progressive discipline policy.
Third Violation & Suspension
Despite previous counseling and warnings, you continued your pattern of working unsafely and in violation of Company rules. Specifically, on [date,] [describe new offence]. As with the previous incidents, [supervisor name] spoke to you about what you were doing wrong and why it was unacceptable. Once again, you were asked to provide an explanation. You responded by indicating that [summarize worker’s explanation]. We found your explanation unsatisfactory and suspended you without pay for [number] days for your continued failure to follow workplace safety rules. We also explained that this was your final and that any further safety violations could result in termination in accordance with the progressive discipline policy. You indicated that you understand this and promised to correct the problems and make the necessary improvements going forward.
Fourth Violation & Termination
Regrettably, you failed to keep that promise. On [date], [describe most recent incident]. At [time and date], [list Company representatives that attended] met with you and your representative [name] to discuss the most recent incident and get your side of the story. During the meeting, you explained [describe worker’s explanation].
Accordingly, we have decided to terminate your employment for just cause, effective immediately. A member of the Company HR department will contact you to discuss your final paycheque and any benefit payments to which you may be entitled. We will also afford you the opportunity to return to the workplace to retrieve your personal property.
[Signed OHS/HR Director]