Two years earlier, it had been mandated that diagnostic technicians pass a CMV examination. This five-year employee was the only one not to pass the test in the first year. The company allowed the technician to retake the test the following year, but he failed to pass that second time. He was discharged as soon as the company learned that he did not pass.
August 15, 2010
9201 Marmora Street
Morton Grove, IL 60053
I regret to inform you that our company must exercise its right to terminate you
for failure to pass the CMV examination this year. As you know, passing the CMV
examination was mandated two years ago as a result of increased demands in the
diagnostic laboratory field. Your job description was altered in 2008 to reflect this new
requirement. Your annual performance evaluations in 2008 and 2009 also stated that
you must pass the CMV exam and obtain your certification in order to retain your
position. You acknowledged this requirement by signing your revised job description
as well as your performance reviews.
Seeing that this exam is given only once a year, in June, your inability to pass the exam
in 2009 could have led to your dismissal at that time. However, as you’ll recall, we agreed
that you could take the exam in 2010 even though you were the only uncertified lab
technician in the department. In June of 2009, you signed a document stating that “if
you failed to provide the department with written proof of passing the CMV examination
in June of 2010, you would be dismissed.”
Yesterday we received the news that you did not pass the test, and we must consequently
sever our employment relationship. I wish you well, Jim, and I thank you for your hard
work and commitment to our department and company over the past five years.