The Non Confirmation of Probation Letter is a crucial document in U.S. employment practices, used when an employee has not met the required standards or expectations during their probationary period. This document is typically issued following a series of performance reviews or discussions, serving as the final formal communication regarding the employment relationship. It must comply with federal employment laws, including the At-Will Employment Doctrine, while also considering state-specific requirements. The letter should be issued before or at the end of the established probationary period, which typically ranges from 30 days to 6 months, depending on company policy and industry standards. Its primary purpose is to officially document the termination decision, protect the organization legally, and provide clear information to the employee about the end of their employment.
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1. Company Letterhead and Date: Official company letterhead including company name, address, and the current date
2. Employee Details: Full name and address of the employee
3. Reference Line: Subject line clearly stating this is regarding completion of probationary period
4. Opening Statement: Direct statement confirming that the employee has not successfully completed their probationary period
5. Performance Discussion Reference: Brief reference to previous performance discussions or reviews that led to this decision
6. Termination Details: Specific details about the termination including the effective date and any immediate actions required
7. Final Payment Information: Information about final salary, outstanding benefits, or vacation pay
8. Company Property: List of company property to be returned and process for return
9. Closing: Professional closing statement including contact information for HR or relevant department
10. Signature Block: Space for authorized signatory's name, title, and signature
1. Reason for Non-Confirmation: Detailed explanation of why the employee did not pass probation - include only if required by state law or company policy
2. Appeal Process: Information about any internal appeal processes - include if company policy allows for appeals
3. Reference Policy: Statement about company policy regarding future employment references - include if company has specific policy
4. Confidentiality Reminder: Reminder of ongoing confidentiality obligations - include if employee had access to sensitive information
5. Benefits Continuation: Information about COBRA or other benefits continuation - include if applicable based on employment duration and benefits status
6. Restrictive Covenants: Reminder of any non-compete or non-solicitation obligations - include if such agreements were signed
1. Final Payments Schedule: Detailed breakdown of final payment including salary, benefits, and any other entitlements
2. Company Property Checklist: Itemized list of company property to be returned
3. Exit Process Checklist: Step-by-step checklist of actions required for completing the exit process
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