A Termination Letter For Fraud is a critical document used when an employer has discovered sufficient evidence of fraudulent activities by an employee that warrant immediate termination of employment. Under Malaysian law, fraud constitutes serious misconduct that can justify termination without notice. This document must be carefully drafted to include specific details of the fraud discovered, reference to supporting evidence, citation of breached employment terms and policies, and clear statement of immediate termination. The letter should also address final payments, company property return, and any surviving obligations. It must comply with Malaysian employment legislation, particularly the Employment Act 1955 and Industrial Relations Act 1967, to withstand potential legal challenges.
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1. Letter Header: Company letterhead, date, reference number, and marked as 'Private & Confidential'
2. Addressee Details: Full name and address of the employee being terminated
3. Subject Line: Clear indication that this is a termination letter
4. Reference to Employment: Details of current position, employment start date, and reference to employment contract
5. Details of Fraud: Clear description of the fraudulent activities discovered, including dates and specific incidents
6. Evidence Reference: Brief reference to the evidence supporting the fraud allegations
7. Breach Citation: Citation of specific employment terms, company policies, and laws that have been breached
8. Termination Statement: Clear statement of immediate termination and its effective date
9. Return of Company Property: List of company property to be returned immediately
10. Final Payment Information: Information about final salary, minus any applicable deductions
11. Signature Block: Authorized signatory details and company stamp
1. Non-Compete Reminder: Include when the employee's contract contains non-compete clauses that survive termination
2. Legal Action Notice: Include when the company intends to pursue legal action regarding the fraud
3. Police Report Reference: Include when a police report has been filed regarding the fraud
4. Confidentiality Reminder: Include when there are specific confidentiality obligations that survive termination
5. Benefits Termination: Include when there are specific benefits that need to be addressed separately
6. Exit Interview: Include when an exit interview is required despite the termination circumstances
1. Summary of Fraudulent Activities: Detailed list of all discovered fraudulent activities with dates and descriptions
2. List of Company Property: Comprehensive list of company property to be returned
3. Final Payment Calculation: Detailed breakdown of final payment including any deductions
4. Evidence Index: List of evidence supporting the fraud allegations (without attaching the actual evidence)
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