How to Deliver aWritten Warning

Wright & Supple LLP

Mary E. Wright 650-248-6490Oriet Cohen-Supple 510-4955749

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

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

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.

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

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

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

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

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

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

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

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

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

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

Warning Form

• Name of Employee:

• Date of Issue:

• Date of Incident

• Position:

• Department:

• Supervisor:

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.

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.

Warning Form

• A complete description of the observed

misconduct, performance deficiency or

violation of company policy.

• Signatures:

– Employee

– Supervisor

– Witness

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

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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.

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