1. www.hrgazette.com Mary E. Wright, Editor
How to Deliver a
Written Warning
With Form
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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
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20. www.hrgazette.com Mary E. Wright, Editor
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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.
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