How To Give A Written Warning to an Employee (With Form)
www.hrgazette.com Mary E. Wright, Editor How to Deliver a Written Warning With Form Your personal shopper for HR news!
• A disciplinary action What is a “written warning?” given by a supervisor to Written Warning a subordinate employee. It identifies: – observed performance deficiencies or misconduct of an employee and – the employer’s expectations of improvement.www.hrgazette.com Mary E. Wright, Editor
• A written warning What is a “written warning?” provides notice to the Written Warning employee of the consequences for failure: – to improve and/or – meet those expectations.www.hrgazette.com Mary E. Wright, Editor
• To provide notice to an What is the purpose of a “written warning?” employee that: Written Warning – they are not meeting A written warning is considered a employer expectations formal disciplinary action. and – there could be disciplinary consequences for failure to improve.www.hrgazette.com Mary E. Wright, Editor
• A written warning should: What should the “written warning” contain? – Identify the observed: Written Warning • misconduct or • performance deficiencies • It must communicate whether the conduct: – violates company policy, – constitutes affirmative misconduct or – demonstrates inadequate performance.www.hrgazette.com Mary E. Wright, Editor
• A written warning should: What should the “written warning” contain? – Request improvement within Written Warning 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.www.hrgazette.com Mary E. Wright, Editor
How is the “written • By a supervisor or warning” delivered to the employee? manager; Written Warning • 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.www.hrgazette.com Mary E. Wright, Editor
How is the “written • Go over the warning warning” delivered to the employee? point by point with the Written Warning employee; • Explain expectations in detail. • Answer questions about: – How improvement is to be accomplished and; – Consequences for failure to meet expectations.www.hrgazette.com Mary E. Wright, Editor
• Who signs? Who signs the “written warning?” – Supervisor who gave the Written Warning 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.www.hrgazette.com Mary E. Wright, Editor
• Who signs? Who signs the “written warning?” – Employee should be asked Written Warning to sign the document. – Supervisor should explain: • execution does not constitute agreement • Execution acknowledges attendance at meeting and receipt of document.www.hrgazette.com Mary E. Wright, Editor
• If the employee refuses Who signs the “written warning?” to sign the written Written Warning warning, supervisor should note: – “Employee Declined to Sign” beside the blank signature line. – Write down the employee’s reason if given.www.hrgazette.com Mary E. Wright, Editor
Does the employee get a • Yes. copy of the “written warning?” • The employee should get Written Warning a copy regardless of whether they: – Agree with the content or – Signed it.www.hrgazette.com Mary E. Wright, Editor
• Absolutely Should the meeting be documented? • The witness is a note taker. • Record: Written Warning – 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 editorialwww.hrgazette.com Mary E. Wright, Editor
• The employee’s personnel Where is the “written warning” stored? file. Written Warning • 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.www.hrgazette.com Mary E. Wright, Editor
Warning Form • Name of Employee: • Date of Issue: • Date of Incident • Position: • Department: • Supervisor:www.hrgazette.com Mary E. Wright, Editor
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.www.hrgazette.com Mary E. Wright, Editor
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.www.hrgazette.com Mary E. Wright, Editor
Warning Form • A complete description of the observed misconduct, performance deficiency or violation of company policy. • Signatures: – Employee – Supervisor – Witnesswww.hrgazette.com Mary E. Wright, Editor
www.hrgazette.com Mary E. Wright, Editor 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. Send questions or comments to: Mary Wright, Editor, HR Gazette Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor Ubiquitous Disclaimer HR Gazette does not provide legal advice. 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. Your personal shopper for HR news!
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