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Memorandum 408
Student’s Name
Professor’s Name
Institution Affiliation
Course
Submission Due Date
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MEMORANDUM
To: Mr. Smith, Supervisor
From: [Your Name], HR Director
Date: 14/07/2024.
Subject: Guidance on Employee Termination and Retaliation Concerns
I am writing to communicate the concept of "at-will" employment, documentation
requirements, and additional considerations to mitigate the risk of discrimination claims. It is
crucial to provide clear guidance on employee termination, especially in cases where there is
potential for retaliation claims.
At-Will Employment
The central premise here is "at-will" employment, which grants employers unfettered
autonomy to discharge employees at any time of the year or for any cause at all as long as this
cause is unlawful. Often referred to as the 'employment-at-will' doctrine, which is recognized in
most states, this doctrine offers choices when addressing the workforce. However, liberties must
be taken within legal protocols when making termination decisions, notably forbidding
discrimination against attributes like race, gender, and religion.
Performance and Attendance Issues
In this case, you noted that the employee has poor performance and attendance record
and is stabilized as "not working out." While it is legal to fire an employee who is not suitable or
productive for the company, it is crucial to note that the employee belongs to the protected class.
The Administration should, therefore, be very careful when dismissing an employee to avoid
having complaints of discrimination (Aaron, 2024).
Documentation Requirements
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I reiterate that documentation is vital for any claims of wrongful dismissal or
discrimination to be adequately countered. There should also be paperwork to support the
findings and recommendations for the termination of the employees in question (Cordle, 2019).
These include the performance of each candidate, their attendance record, and records of
punitive actions taken in case the candidate performs dismally or fails to adhere to the scheduled
working time. Performance records should include appraisals, times when performance was
below standard and aversive behavior or failure to meet set deadlines. Any document tracking,
including absence or tardiness notes or other communications, should be highly detailed in their
A logs. The warnings, which can be verbal or written and the disciplinary actions also fall in this
section to indicate that the team member was given a chance to show improvement.
Progressive Discipline
A progressive discipline process is essential before proceeding to termination. This
process typically involves a series of steps: The disciplinary action could be an oral warning, a
written warning, or performance improvement plans (PIPs). By following this structured
approach, it will be seen that the decision to terminate was not arbitrary, and the employee was
exposed to many chances to improve on the negative aspects of their performance.
Additional Considerations
Ensuring consistency in applying policies and procedures is paramount. The employer
may also attempt to justify the inconsistencies as rational because otherwise, it may be seen as
discriminating against the plaintiff, and any retaliation case may not be well defended (Cordle,
2019). It is also essential to be conscious that the employee is from a protected class and that
constant vigilance must be made to ensure that even the slightest thing that could be remotely
considered discrimination is not said or done. Employers must refrain from making remarks
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about the employee relating to the protected characteristic during an appraisal or a disciplinary
process. Because of the risks associated with the process and the possibility of the decision being
challenged legally, it is prudent to contact a lawyer, especially if the employee falls under a
specially protected category. Perhaps this review will assist in ascertaining any litigious concerns
and guarantee that all activities performed are free from legal ramifications.
While the "at-will" employment doctrine provides significant flexibility, it is important to
acknowledge that termination decisions are well documented and do not contain any illegal
discrimination. If the guidelines mentioned above are followed regarding the latter:
documentation, strict policies' implementation, and legal analysis, the risk of retaliation or any
issues linked with the termination process will be minimized. Thank you for your attention to
this matter.
References
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Aaron Hotfelder, J. D. · U. of M. S. of L. (2024, March 7). Wrongful termination: When should
you talk to a lawyer? www.employmentlawfirms.com.
https://www.employmentlawfirms.com/wrongful-termination.cfm
Cordle, A. (2019, March 6). Progressive discipline: Steps to take before termination.
GoSmallBiz.com. https://gosmallbiz.com/progressive-discipline-steps-to-take-before-
termination/
