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

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www.hrgazette.com Mary E. Wright, Editor

How to Deliver aWritten Warning

With Form

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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?– 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



• 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.

Send questions or comments to:Mary Wright, Editor, HR Gazette

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Ubiquitous DisclaimerHR Gazette does not provide legal advice. The content of this slide deck is forinformational purposes only. Before usingthis information – or any information youget 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.

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

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