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The formal letter advising the employee that discipline is being considered, and offering the opportunity for the employee to discuss or present his or her version and mitigating evidence, may be the first time the employee is even aware that certain allegations have arisen or that an investigation has been concluded.
Prior to the hearing, the employee must be given a Loudermill letter–i.e. specific written notice of the charges and an explanation of the employer's evidence so that the employee can provide a meaningful response and an opportunity to correct factual mistakes in the investigation and to address the type of discipline being considered.
A letter of reprimand is a US Department of Defense procedure involving a letter to an employee or service member from their superior that details the wrongful actions of the person and the punishment that can be expected. A Formal Letter of Reprimand is one in which a copy of the letter is kept in the personal service record of the individual.
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Was the degree of discipline reasonably related to the seriousness of the employee's offense and the employee's past record? The last test, the degree of discipline, is important because arbitrators want to ensure that the "punishment fits the crime." An employer's use of progressive discipline often gives the employer an advantage in arbitration.
A letter dated May 19, 2011, advised Ms. Wilson that she would be terminated due to the sale of a sector of the business that made several existing positions within the company superfluous. [ 12 ] Prior to termination, Ms. Wilson, through her doctor had requested time off of work, dated March 7, 2011, in order to heal a recurring back issue.
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