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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
                           editorial


www.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
      – Witness



www.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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How To Give A Written Warning to an Employee (With Form)

  • 1. www.hrgazette.com Mary E. Wright, Editor How to Deliver a Written Warning With Form Your personal shopper for HR news!
  • 2. • 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
  • 3. • 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
  • 4. • 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
  • 5. • 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
  • 6. • 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
  • 7. 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
  • 8. 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
  • 9. • 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
  • 10. • 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
  • 11. • 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
  • 12. 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
  • 13. • 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 editorial www.hrgazette.com Mary E. Wright, Editor
  • 14. • 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
  • 15. Warning Form • Name of Employee: • Date of Issue: • Date of Incident • Position: • Department: • Supervisor: www.hrgazette.com Mary E. Wright, Editor
  • 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. www.hrgazette.com Mary E. Wright, Editor
  • 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. www.hrgazette.com Mary E. Wright, Editor
  • 18. Warning Form • A complete description of the observed misconduct, performance deficiency or violation of company policy. • Signatures: – Employee – Supervisor – Witness www.hrgazette.com Mary E. Wright, Editor
  • 19. 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!
  • 20. 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!