Terminating an employee is a tough job—it’s a difficult conversation to have and it can also stir up the work place and cause tension. Employees may also feel insecure with their jobs and create rumors as to why their colleague was let go. This is the reason why it is important there is careful and strategic planning when it comes to informing the rest of the employees as well as how the notice of termination was given to the terminated employee. One of these things is through an affidavit letter of termination of employment. Read More
What Is An Affidavit Letter of Termination of Employment?
Providing the employee an affidavit letter of termination of employment will help protect your business especially against disgruntled ex-employee. An affidavit is a legal written statement that can be used as a form of evidence in court. Usually, it is handed to an employee that is being terminated.
Having an affidavit letter of termination of employment is not a set out legal requirement but it has its advantages. An affidavit in support of employment termination can help the company:
have a list of reasons why the employer is getting fired
can keep as a reference for when it is needed
use it in court when needed
formally end the employment of someone working at a certain place
How To Write An Affidavit Letter of Termination of Employment
An affidavit letter of termination of employment is a type of legal document that has to be created with much care and must contain the clear and correct wordings to avoid misinterpretations and misunderstandings. It also needs to have proper formatting and use formal language to make it sound professional as well.
Other than that, you may follow these steps to create an employer’s affidavit letter of termination of employment:
Determine the type of affidavit, its purpose
As simple as writing down the title of the affidavit is the first step to creating your own affidavit. When drafting it, you should know that it is important to be clear on what the affidavit is really all about, what it is for, and who is writing it. These are critical information in drafting an affidavit as it will clarify the situation and why there is a need for an affidavit in the first place.
Introduce the affiant and include personal information
The affiant is the person who will sign the document on behalf of the company. Usually, it is the direct manager or supervisor of the employee being terminated and some are even from human resources. Regardless of the affiant, one this is for sure that has to be done, the affiant must also be the signatory and party responsible in executing the affidavit. So, make sure that the affiant is introduced and has the legal capacity to represent the company. As the affiant, include your legal name, job details and responsibilities.
Write down all statement of facts regarding the termination of employment
In this section, it is important that all relevant details and facts about the termination are included in the affidavit. These statements must have all pertinent details such as name of the employee, job title, and reasons for dismissal such as grave misconduct and violations against company policies, or being rude and incompetence at work. It is also important that it has the date the employment ends, the confirmation of final pay and the arrangements of their unused vacation or holiday leave credits.
Don’t forget to include company details and properties that the employee must return
Some employees who have been with the company for quite some time might feel that they own some of the company properties that they often use like laptops, company cars and company-issued credit cards. These are all items that are owned by the company and should be returned. Make sure that all items that must be returned are stipulated in the affidavit to avoid confusion and to make sure that all of the company’s properties are well-accounted for.
Spell out the oath and provide signature blocks for the affiant, witnesses, and the notary public
The affidavit letter of termination of employment is a full representation of facts in which the affiant and the witnesses are swearing to be true, accurate, and correct. After writing down all the factual statements pertaining to the termination, the affiant must reconfirm that they are telling the truth and any false information and misrepresentations in the affidavit are admissible in court and can be subjected to criminal charges. Upon completion of the affidavit, it should be taken to a notary public for verification and signature.
Why is it important to provide an affidavit letter of termination of employment?
Providing the employee with an affidavit letter of termination of employment will:
Confirm reasons for termination of employment.
Provide complete employee records for the company.
Make employees be aware of all the information that they need about the termination of their employment.
When a job contract is up, should there also be a letter of termination of employment?
It is not mandatory to have one, but it is expected and a professional thing to do. The affidavit letter of termination of employment must indicate at least one valid reason for dismissal or non-renewal of contract. It should meet the minimum period of notice for terminating employment and should be covered in the employment contract.
What are valid and allowed reasons for employee dismissal?
There are many fair and valid reasons why an employer must dismiss or terminate an employee. Some of these reasons include, but are not limited to:
Misconduct at the workplace like harassment and damage to property.
Competency issues or the incapability to complete the job.
Redundancy of the post especially when reducing the workforce
An Affidavit Letter of Termination of Employment serves as a record of a legal and valid dismissal of an employee. Having a valid reason is important so as to avoid and prevent unfair dismissal, wrongful termination, and discrimination against employees. Keeping record of these reasons and putting them in legal writing will protect you and the company should the employee become disgruntled and take you to a tribunal.