How Should HR Handle a Lab Technician's Misconduct and Pending Termination?

abedeen7
I would like to share one more instance and would like your view. We have a lab technician and have issued a letter dated 24th May 2013, but till now he has not returned the signed copy. The management is planning to terminate his services. Please find the copy of the letter issued to him.

Sub: Warning Letter for Failing to Fulfill the Commitment of Your Job

Dear Employee,

It has been observed that you are failing to fulfill the commitment of your job, and your deceitfulness is as follows:

- We came to hear of circumstances of your bad behavior. For example, on the night of 20th May 2013, you misbehaved with Day Care nurses. The nurses complained of misbehavior and rudeness on your part.
- On 21st May 2013, a meeting was arranged to discuss issues related to your department. You were informed in advance, but you didn't attend the meeting. We repeatedly tried to contact you over the phone, but you didn't respond to our calls.
- On 23rd May 2013, you didn't follow the handover procedure as you left your duties without handing over the charge to your team member.
- Despite being given repeated verbal warnings, you are not reporting to work on time and leave work prior to the end of your shift.
- Your performance is below expectations; errors are reported during your investigations.

Your activities have an adverse effect both on patient services as well as on discipline. You are hereby warned to refrain from such activities; failure to do so shall invoke appropriate action.

In view of the above, you are called upon to explain in writing within 48 hours as to why appropriate disciplinary action should not be taken against you.

I am planning to send this letter by registered post with AD. Your advice is needed on how to handle this in a smooth manner.

Regards,

Shaikh Abedeen
Human Resources Professional
Harsh Shukla
I am a little confused; your opening states that you sent him the letter on the 24th of May 2013, but you end by saying that you are planning to send the letter by registered post. If you have already sent the letter on the 24th of May, then you should write to him stating that as he has failed to return a signed copy, it is deemed to have been accepted. Send him a second letter (with a copy of the original), terminating his employment. If you have not yet sent the letter, then add the following: "Should you fail to respond to this letter, your employment will be terminated."

I hope the above helps.

Regards,
Harsh
abedeen7
URGENT

Dear All, I need your suggestions and advice on the above-mentioned post. I have sent him the letter by registered post on 17th June, and now management has decided to terminate his service. We are planning to give him one month's notice as mentioned in the employment contract. I am waiting for your response.

Regards,
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