Federal Disciplinary Notices
Posted by Tamara
No federal law mandates or speaks to written warnings for employees. In fact, no state laws address the matter, either.
Most companies, however, have developed what is called a formal and progressive discipline procedure. The typical policy allows for one or more verbal reprimand or warning, usually followed up by as many as three written admonitions.
Policies usually stipulate that if a worker receives three written warnings for the same violation within a certain period (90 days, for example) and fails to correct the behavior, termination will follow.
Companies that establish policies outlining procedures for written warnings are following the best practices as developed by the top professionals in the Human Resources field.
All discipline must be applied justly and fairly to all workers. If a restaurant owner, for example, allowed waiters to come in late without warnings but not waitresses, that would be discrimination based on gender. It would be illegal under federal law.
To avoid he said/she said situations, and to have evidence in the event a firing is challenged, companies often take certain steps.
One is to have employees sign a written warning. This is not an admission of guilt, as many workers might think, but simply an indication that the employee has read and understands the warning. It is evidence that the discussion has taken place. The supervisor should make clear to the employee the consequences of continuing the wrong behavior. The best policy is to state this in a non-threatening way.
The manager should also have another supervisor or manager on hand when discussion the infraction with the worker. Following the discussion in front of the second manager, the first manager should ask the employee to sign the written warning. Should the worker decline to do so, the manager then writes “Discussed with employee on (such-and-such a date) and the employee refused to sign.” The two managers then sign the form.
This provides not only physical evidence, but a witness that the discussion actually did take place.
Written warnings are also good because they exert more influence than a spoken warning does.
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