How Do I Handle Termination for Poor Performance During Probation? Seeking Templates and Advice

Hi all, I am writing to seek guidance on the formal process of terminating an employee based on poor performance. This employee in question is still on probation. Can you please help with templates of a written warning that I, as an HR or the manager, might have to write to this employee? I would also appreciate it if you could help with a template for a termination letter.

Thank you in advance for all the help!

Hi, As the employee is on probation, termination due to poor performance will not be an issue. However, it is essential to determine if the performance issues have been discussed with the employee and if sufficient opportunities have been provided for improvement. Has the immediate supervisor of the employee discussed the areas needing improvement with the employee? Even though the employee is on probation, it is crucial to offer ample opportunities for performance enhancement. Has an advisory or warning letter been issued to the employee already?

If despite being given sufficient opportunities, the employee fails to show improvement, then termination may be considered. Alternatively, contacting and explaining to the employee that there are no other options but to part ways may be necessary. Termination could have a negative impact on the employee's career, so if the employee is interested, obtaining a resignation and providing a proper release could be considered. It is important to explain that this action was taken as a special case to protect the employee's career.

Regarding the termination template, there is no fixed format for such a letter. It is essential to include all relevant facts and reasons for termination, even after providing adequate opportunities for improvement.

Dear Roshni, This is not the right way to dismiss an employee without any warning letter. Poor performance is legally defined as 'when an employee's behavior or performance might fall below the required standard.'

Identify the Problem
You have to identify what's the actual problem with that employee. If his performance is poor or not satisfactory, then you can provide some training on related topics (Internal/External). You can also extend his probation period. In the probation period, you can terminate on an immediate basis (with notice compensation).

Thank you so much for all the responses. This employee is quite senior, and he projected a very wrong image during the interview. His performance can be equated to that of someone with just one year of experience. Training is not an option because he lacks basic knowledge in his field as well. We did give him a verbal warning and are in the process of sending a written warning.

Process for Termination During Probation
I just wanted to know if we want to terminate (we would most probably ask that employee to resign), then what will be the process so that we are in compliance with statutory law. Although he is in the probation period, we will, of course, ask him to serve a notice so that he can find another job.

Hi, close his case amicably, safeguarding the interests of the company and the employee as well.

What was the clause of termination during the probation period in the appointment letter? Does it specify poor performance? If yes, then it becomes tricky as both sides will try to justify otherwise. If the performance is quantifiable, then go ahead; otherwise, look for other options like 'hand-holding,' 'active supervision,' 'training,' 'understudy,' etc., to be tried.