Advice/Wording For Term Letter For Assistant

[Unregistered]

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!

[Cat Herder]

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. :confused:

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]

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.

[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.

[Cat Herder]

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. 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]

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.

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]

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.

[Unregistered]

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

[Margarete]

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."

[preschoolteacher]

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.

[cheerfuldom]

I would terminate due to poor performance because you weren't impressed with her anyway, outside of these pregnancy issues.

[Cat Herder]

"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

[Laurel]

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

[Unregistered]

Terming

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]

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.