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Daycare Center and Family Home Forum>Advice/Wording For Term Letter For Assistant
Unregistered 11:46 AM 10-22-2014
I'm a regular member but logged out for privacy reasons.
I have an employee who just got some restrictions from the doc because she has an unstable condition from pregnancy. These restrictions are can't lift, can't be outside too much, can't clean with bleach, can't be around dust. Essentially stuff that all needs to be done to do the job and since I am a family daycare I don't have a way to accommodate or change her job. So since she can't do the essential functions of the job and I'm not happy with her performance anyway, I want to terminate. She's only been here 2 months and is part time if any of that matters.
Can you ladies please help me with wording for a term letter?
Should I email it to her or have her come in for one more work day and tell her in person, or just have her come in and give her the note and tell her? (coming in person is a little difficult for her, so I feel bad if she came in just for me to tell her.)
Any help on this would be appreciated. Thanks!
I have an employee who just got some restrictions from the doc because she has an unstable condition from pregnancy. These restrictions are can't lift, can't be outside too much, can't clean with bleach, can't be around dust. Essentially stuff that all needs to be done to do the job and since I am a family daycare I don't have a way to accommodate or change her job. So since she can't do the essential functions of the job and I'm not happy with her performance anyway, I want to terminate. She's only been here 2 months and is part time if any of that matters.
Can you ladies please help me with wording for a term letter?
Should I email it to her or have her come in for one more work day and tell her in person, or just have her come in and give her the note and tell her? (coming in person is a little difficult for her, so I feel bad if she came in just for me to tell her.)
Any help on this would be appreciated. Thanks!
Cat Herder 12:02 PM 10-22-2014
You could email her and offer for her to come pick up her last check OR to mail it to her. 
I'd probably give her a week or two severance, just because, but I don't think you have to.
Google "sample termination letter" "letter of termination" --- WOW talk about a common issue lately.
Most are free from lawyers sites.
ok, just found a site called www.businessballs.com ... I have to go now....
I'd probably give her a week or two severance, just because, but I don't think you have to.
Google "sample termination letter" "letter of termination" --- WOW talk about a common issue lately.
Most are free from lawyers sites.ok, just found a site called www.businessballs.com ... I have to go now....
preschoolteacher 12:10 PM 10-22-2014
Be careful. You could be sued by her for disability discrimination if you mention her pregnancy or medical condition in any way.
I'd give her a notice period, after X date I no longer am able to employ you. I would not mention anything, honestly, except performance issues if you have to give a reason.
I'd give her a notice period, after X date I no longer am able to employ you. I would not mention anything, honestly, except performance issues if you have to give a reason.
Unregistered 12:11 PM 10-22-2014
I would get some legal advice. You may not be able to term her if it relates to her pregnancy which is a medical condition.
Cat Herder 12:14 PM 10-22-2014
Originally Posted by Unregistered:
I would get some legal advice. You may not be able to term her if it relates to her pregnancy which is a medical condition.
Pregnancy is not a medical condition. I would get some legal advice. You may not be able to term her if it relates to her pregnancy which is a medical condition.
It is an educated choice.Also, home providers don't have enough employees for those to apply. This is also a part-time employee. I think she is good.
ELIGIBLE EMPLOYEES
Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:
• Works for a covered employer;
• Has worked for the employer for at least 12 months;
• Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and
• Works at a location where the employer has at least 50 employees within 75 miles.
taylorw1210 12:18 PM 10-22-2014
Originally Posted by Cat Herder:
Pregnancy is not a medical condition. It is an educated choice.
Also, home providers don't have enough employees for those to apply. This is also a part-time employee. I think she is good.
I agree.Pregnancy is not a medical condition.
It is an educated choice.Also, home providers don't have enough employees for those to apply. This is also a part-time employee. I think she is good.
I would send her an e-mail and let her know that due to some changes in the daycare, her services are no longer needed. Thank her for the time she spent with you and tell her she can pick up her check on X date at X time, or if she's unable to do so mail it to her instead. (Send it needing a signature upon receipt).
Edited to Add: Make sure she is someone who checks her e-mail often - it would be pretty awkward to have sent that and her not read it, and show up for work.
midaycare 01:43 PM 10-22-2014
Yes, I did a lot of hr work in a previous life. You are good to terminate, but still don't mention the pregnancy. I would tell her it's something about finances being tight, if it were me.
I'm all for honesty in business, but she has a difficult pregnancy. Why stress her out thinking her job skills stink?
Legally though, you can do what you want.
I'm all for honesty in business, but she has a difficult pregnancy. Why stress her out thinking her job skills stink?
Legally though, you can do what you want.
Unregistered 02:21 PM 10-22-2014
OP here,
Thanks ladies. I am not doing it cuz she is pregnant cuz i hired her pregnant. I'm doing it because she can't do what is needed in the job and I can't afford to pay her and pay someone else to do her job. I am not going to lie and say it's because I can't afford her because she'd go for unemployment.
I appreciate all the help ladies. I'll google sample term letters. Thanks
Thanks ladies. I am not doing it cuz she is pregnant cuz i hired her pregnant. I'm doing it because she can't do what is needed in the job and I can't afford to pay her and pay someone else to do her job. I am not going to lie and say it's because I can't afford her because she'd go for unemployment.
I appreciate all the help ladies. I'll google sample term letters. Thanks
Margarete 12:35 AM 10-23-2014
She may still be able to go for unemployment, depending on state rules, and if she had qualifying income prior to working for you, or in California she could qualify for Short term disability.
https://www.ada.gov/employment.htm
While this may not even apply to her as it's a short term disability.. if it does...
You are not required to be able to accommodate those changes
"if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources."
https://www.ada.gov/employment.htm
While this may not even apply to her as it's a short term disability.. if it does...
You are not required to be able to accommodate those changes
"if it would impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources."
preschoolteacher 06:06 AM 10-23-2014
No, pregnancy is considered a protected status in discrimination law. You cannot be fired due to pregnancy.
She is too small as an employer to be required to provide paid maternity leave, but that doesn't mean she can fire someone because of pregnancy status or medical conditions related to pregnancy. FMLA and protected status under antidiscrimination law are two very different things. As an employer, she also cannot fire someone for other protected statuses like race, language, etc.
A bit of a tangent since the op isn't firing because of pregnancy, but I'd just be careful not to mention the pregnancy, medical conditions, or anything.
She is too small as an employer to be required to provide paid maternity leave, but that doesn't mean she can fire someone because of pregnancy status or medical conditions related to pregnancy. FMLA and protected status under antidiscrimination law are two very different things. As an employer, she also cannot fire someone for other protected statuses like race, language, etc.
A bit of a tangent since the op isn't firing because of pregnancy, but I'd just be careful not to mention the pregnancy, medical conditions, or anything.
cheerfuldom 06:37 AM 10-23-2014
I would terminate due to poor performance because you weren't impressed with her anyway, outside of these pregnancy issues.
Cat Herder 08:45 AM 10-23-2014
"An employer cannot refuse to hire a woman because of her pregnancy related condition as long as she is able to perform the major functions of her job. Pregnant employees must be permitted to work as long as they are able to perform their jobs".
http://www.eeoc.gov/index.cfm
http://www.eeoc.gov/index.cfm
Laurel 08:45 AM 10-23-2014
I would call her and not email her. It would be hard but I'd be insulted if someone just sent me an email. Besides, then there is nothing that can be used against you. It is your word against hers. You could then mail a notice if you want it in writing. Something like, "Per our conversation, our employment agreement ends on such and such date."
Laurel
Laurel
Unregistered 10:59 AM 10-23-2014
I think that it's going to be fine for you to term as long as you explain the reason why to her. I would do it in person. You aren't firing her because of her pregnancy. You are letting her go because she is unable to do the job.
Unregistered 03:29 PM 10-23-2014
I think you're up a creek. She can really twist any thing you say. You may have hired her pregnant, but she has since gotten complications. I would keep her on until the baby is born.
I have to say, as someone who had difficult getting pregnant and keeping it, pregnancy isn't an educated choice as CAT HERDER so insensitively said. I couldn't decide when I got pregnant, I had to keep trying and getting fertility treatments. I also didn't CHOOSE to have complications and miscarriages. No, pregnancy isn't a choice for everyone.
I have to say, as someone who had difficult getting pregnant and keeping it, pregnancy isn't an educated choice as CAT HERDER so insensitively said. I couldn't decide when I got pregnant, I had to keep trying and getting fertility treatments. I also didn't CHOOSE to have complications and miscarriages. No, pregnancy isn't a choice for everyone.
Cat Herder 04:25 AM 10-24-2014
Originally Posted by Unregistered:
I have to say, as someone who had difficult getting pregnant and keeping it, pregnancy isn't an educated choice as CAT HERDER so insensitively said. I couldn't decide when I got pregnant, I had to keep trying and getting fertility treatments. I also didn't CHOOSE to have complications and miscarriages. No, pregnancy isn't a choice for everyone.
You did not know that fertility treatments could end in pregnancy?I have to say, as someone who had difficult getting pregnant and keeping it, pregnancy isn't an educated choice as CAT HERDER so insensitively said. I couldn't decide when I got pregnant, I had to keep trying and getting fertility treatments. I also didn't CHOOSE to have complications and miscarriages. No, pregnancy isn't a choice for everyone.
You were unaware that you could potentially have complications with your pregnancy?
Come on. You know what causes pregnancy and what prevents it. You are choosing to be offended by a literal statement.
I am sorry you had a rough time of it, and sincerely hope you had a healthy outcome, but YES you had a choice in all of it. Pregnancy is a responsibility, to be planned for. It is not mandatory or someone else's responsibility.
sahm1225 04:32 AM 10-24-2014
Originally Posted by Cat Herder:
You did not know that fertility treatments could end in pregnancy?
You were unaware that you could potentially have complications with your pregnancy?
Come on. You know what causes it and what prevents it.
I am sorry you had a rough time of it, and sincerely hope you had a healthy outcome, but YES you had a choice in all of it. Pregnancy is a responsibility, to be planned for. It is not mandatory or someone else's responsibility.
You did not know that fertility treatments could end in pregnancy?
You were unaware that you could potentially have complications with your pregnancy?
Come on. You know what causes it and what prevents it.
I am sorry you had a rough time of it, and sincerely hope you had a healthy outcome, but YES you had a choice in all of it. Pregnancy is a responsibility, to be planned for. It is not mandatory or someone else's responsibility.
sahm1225 04:34 AM 10-24-2014
Originally Posted by Unregistered:
I think you're up a creek. She can really twist any thing you say. You may have hired her pregnant, but she has since gotten complications. I would keep her on until the baby is born.
I have to say, as someone who had difficult getting pregnant and keeping it, pregnancy isn't an educated choice as CAT HERDER so insensitively said. I couldn't decide when I got pregnant, I had to keep trying and getting fertility treatments. I also didn't CHOOSE to have complications and miscarriages. No, pregnancy isn't a choice for everyone.
So you would pay for another assistant to do her job and cause financial hardship on yourself because she is not capable of doing her job? That makes no sense at all. Keep in mind that most of us make about the same as our assistants, so basically I would be working for free just to keep an assistant because she can't do the jobI think you're up a creek. She can really twist any thing you say. You may have hired her pregnant, but she has since gotten complications. I would keep her on until the baby is born.
I have to say, as someone who had difficult getting pregnant and keeping it, pregnancy isn't an educated choice as CAT HERDER so insensitively said. I couldn't decide when I got pregnant, I had to keep trying and getting fertility treatments. I also didn't CHOOSE to have complications and miscarriages. No, pregnancy isn't a choice for everyone.
MOM OF 4 12:16 PM 10-25-2014
Originally Posted by Cat Herder:
You did not know that fertility treatments could end in pregnancy?
You were unaware that you could potentially have complications with your pregnancy?
Come on. You know what causes pregnancy and what prevents it. You are choosing to be offended by a literal statement.
I am sorry you had a rough time of it, and sincerely hope you had a healthy outcome, but YES you had a choice in all of it. Pregnancy is a responsibility, to be planned for. It is not mandatory or someone else's responsibility.
AGREED. It's not to be hurtful either. she said EDUCATED choice. So unless you are raped, it's a choice to have a child. Even if you have to go through treatments (making it even MORE of a choice IMHO). I had trouble TTC myself, and it was all my and my husband's choice to proceed or to quit. We WANTED kids. Therefore, it was our CHOICE. It's not offensive to admit that.You did not know that fertility treatments could end in pregnancy?
You were unaware that you could potentially have complications with your pregnancy?
Come on. You know what causes pregnancy and what prevents it. You are choosing to be offended by a literal statement.
I am sorry you had a rough time of it, and sincerely hope you had a healthy outcome, but YES you had a choice in all of it. Pregnancy is a responsibility, to be planned for. It is not mandatory or someone else's responsibility.
As far as letting the employee go, are you (OP) at will state? If so you don't even need a reason