Model Letter To Assure Due Process In Employment Discipline Situations

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MODEL LETTER TO ASSURE DUE PROCESS IN EMPLOYMENT DISCIPLINE SITUATIONS
(Date)
Name
Address
City, State, Zip
Dear ___________________________:
I have learned that you may have engaged in the following activities: (detail the conduct/activities in which
the employee may have engaged).
The documents and information I have reviewed concerning this matter consist of the following: (provide a
brief but complete list of the facts and evidence relating to the activities).
Your conduct violates (indicate which personnel rule, order, or written standard of conduct the activity
violates; and if there is no rule, order, or standard of conduct, indicate that the conduct was inappropriate).
Based on the foregoing, it appears that disciplinary action up to and including (suspension/termination) may
be warranted. You have a right to respond regarding this matter and the proposed discipline. You may
present reasons and evidence to me, either orally or in writing, as to why the proposed action should not be
taken. Your reasons must be presented to me within three working days of your receipt of this letter. In the
event you fail to contact me by 5:00 p.m. on the third working day following your receipt of this letter, I will
consider y our failure as your waiver of the rights contained in this paragraph and I will make a decision
based on the information I have before me.
(If the employee has been suspended for investigatory purposes, the letter should include a statement that
the employee will remain suspended until the investigation is complete. We suggest that the suspension
should be with pay.).
Sincerely,
________________________________
Department Head (or appropriate title)

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