Step by Step Instructions for HR.

1. How to Deliver a
Written Warning
Wright & Supple LLP
Mary E. Wright 650-248-6490
Oriet Cohen-Supple 510-4955749

2. What is a
“written warning?”
• A disciplinary action
given by a supervisor to
a subordinate employee.
It identifies:
– observed performance
deficiencies or misconduct
of an employee and
– the employer’s
expectations of
improvement.
Written Warning

3. What is a
“written warning?”
• A written warning
provides notice to the
employee of the
consequences for failure:
– to improve and/or
– meet those expectations.
Written Warning

4. What is the purpose of a
“written warning?”
• To provide notice to an
employee that:
– they are not meeting
employer expectations
and
– there could be disciplinary
consequences for failure
to improve.
Written Warning
A written warning is considered a
formal disciplinary action.

5. What should the “written
warning” contain?
• A written warning should:
– Identify the observed:
• misconduct or
• performance deficiencies
• It must communicate
whether the conduct:
– violates company policy,
– constitutes affirmative
misconduct or
– demonstrates inadequate
performance.
Written Warning

6. What should the “written
warning” contain?
• A written warning should:
– Request improvement within
a certain period of time, and
– Identify the consequences
of failure to meet those
expectations.
– State the manner or means
for corrected behavior. For
instance:
• further training or instruction,
• constructive conversation with
coworkers or
• improve work habits or ethics.
Written Warning

7. How is the “written
warning” delivered to the
employee?
• By a supervisor or
manager;
• In a face to face meeting.
• With a 3rd person as
witness
– From human resources or
administration,
– Primary purpose is to be
an observer and note
taker.
Written Warning

8. How is the “written
warning” delivered to the
employee?
• Go over the warning
point by point with the
employee;
• Explain expectations in
detail.
• Answer questions about:
– How improvement is to be
accomplished and;
– Consequences for failure
to meet expectations.
Written Warning

9. Who signs the “written
warning?”
• Who signs?
– Supervisor who gave the
warning to the employee;
– Witness to acknowledge his
or her participation; and
– Human resources rep who
created or reviewed written
warning before it was given.
Written Warning

10. Who signs the “written
warning?”
• Who signs?
– Employee should be asked
to sign the document.
– Supervisor should explain:
• execution does not constitute
agreement
• Execution acknowledges
attendance at meeting and
receipt of document.
Written Warning

11. Who signs the “written
warning?”
• If the employee refuses
to sign the written
warning, supervisor
should note:
– “Employee Declined to
Sign” beside the blank
signature line.
– Write down the
employee’s reason if
given.
Written Warning

12. Does the employee get a
copy of the “written
warning?”
• Yes.
• The employee should get
a copy regardless of
whether they:
– Agree with the content or
– Signed it.
Written Warning

13. Should the meeting be
documented?
• Absolutely
• The witness is a note taker.
• Record:
– Date, time, place, attendees
and length of meeting
– What was said by anyone in
the room as close to
verbatim as possible
• Document is factual not
editorial
Written Warning

14. Where is the “written
warning” stored?
• The employee’s personnel
file.
• Copy attached to the
meeting documentation:
– Documentation and copy
placed in a file separate
from personnel file.
– Separate file marked:
“Prepared in anticipation of
litigation.”
– Stored by HR or legal staff.
Written Warning

15. Warning Form
• Name of Employee:
• Date of Issue:
• Date of Incident
• Position:
• Department:
• Supervisor:

16. Warning Form
• INSTRUCTIONS: Specifically state the
problem in terms of date, description and
location of the occurrence, the names of
the individuals involved, and, where
relevant, a statement of the action needed
to correct the situation.

17. Warning Form
• DOCUMENTATION: This warning is
being issued due to the following
performance problems or incidents of
misconduct. You must correct these
problems within ______ days. If you fail to
do so, you will be subject to further
disciplinary action, including the possibility
of immediate termination.

18. Warning Form
• A complete description of the observed
misconduct, performance deficiency or
violation of company policy.
• Signatures:
– Employee
– Supervisor
– Witness

19. Of course, nothing in California is that easy.
There are all sorts of factual twists that can
change the way this material applies in
your particular situation.

20. Ubiquitous Disclaimer
The content of this slide deck is for
informational purposes only. Before using
this information – or any information you
get over the internet – consult your lawyer.
Nothing takes the place of advice from a
lawyer who knows you and your business,
and who understands the laws of the state
in which your business is located.
Wright & Supple LLP
Professional | Empathetic | Problem Solvers