Employee Warning Letter

An Employee Warning Letter is issued in the event of an infraction and it outlines clear consequences if the employee doesn’t correct the behavior.

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There are no perfect employers or employees. However, every workplace has specific rules that everyone needs to abide by for everything to function correctly.

Suppose an employee keeps breaking those rules or otherwise causes damage to the employer, which sets a bad example for the rest of the workforce. That is why employers utilize the Employee Warning Letter.

What Is an Employee Warning Letter?

An Employee Warning Letter can be used for a slew of infractions, misconducts, or violations. Some of the most common are:

  • Missed work without notice
  • Not fulfilling work obligations
  • Misrepresented qualifications
  • Habitual tardiness
  • Breach of confidentiality
  • Breach of substance abuse policy
  • Theft
  • Threats of physical harm

These violations can be something specific to the company's rules as well. Writing an Employee Letter is not a comfortable thing to do, just as receiving one is not. However, the letter is crucial as it is a written account of the incidents that took place.

Depending on the company's policy, the number of warnings can vary before the employee is terminated. Customarily, the third strike results in an out.

Other Names for Employee Warning Letter

Depending on your state, an Employee Warning Letter may also be known as:

  • Employee Warning Notice
  • Disciplinary Form
  • Written Warning
  • Letter of Reprimand

Who Needs an Employee Warning Letter?

An employer who is having problems with an employee needs an Employee Warning Letter. Usually, it's the manager, supervisor, or designated HR personnel who drafts and delivers the letter to the employee. A reprimand can be given only in person, but having written documentation can be beneficial.

Why Use 360 Legal Forms for Your Employee Warning Letter

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Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Employee Warning Letter.

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Laws vary by location. Each document on 360 Legal Forms is customized for your state.

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All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.

How to Create an Employee Warning Letter with 360 Legal Forms

Writing a warning letter can be a bit overwhelming. You have to be formal and accurate. Having a template makes the process so much faster and straightforward. All you have to do is provide the infraction details, and we'll take care of the rest.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Employee Warning Letter?

To create your document, please provide:

  • Company/Employer Details: The legal name of the company, location, and governing state.
  • Employee Details: The legal name and other info of the employee.
  • Contact Person: Designate an individual to contact regarding the issue.
  • Date: The date when the letter is to be written and presented to the employee.
  • Infraction: Detailed description of the offense.
  • Expectations: If necessary, describe how the employee may improve his or her behavior.
  • Deadline: A specific amount of time where the employee is to stop the described action.
  • Consequences: Outline what will happen if the employee doesn't change.
  • Signatures: The employer signs the letter, preferably the employee too.

Employee Warning Letter Terms

  • Disciplinary Action: A type of corrective action meted out by the employer on the employee
  • Misconduct: An unacceptable behavior of an employee at work
  • Reprimand: A formal chastise of the employee
  • Infraction: Another word for violation
  • Resignation: An employee's decision to leave their job
  • Termination: An employer's decision to let go of an employee
  • Non-Disclosure: A clause to not share confidential information
  • Non-Compete: A clause to not compete
  • Employee Handbook: A staff manual outlining the duties and what is expected of the employees and the company's values and policies

Employee Warning Letter Signing Requirements

An Employee Warning Letter usually requires only the signature of the employer or a designated representative. However, asking the employee to sign it too is a recommended practice. The letter doesn't need notarization or witnesses.

What to Do with Your Employee Warning Letter

When an employer drafts and signs the letter, the person in charge should present it to the employee in a very formal setting. They could ask for the employee's signature, but not necessarily. Both parties should keep a copy of the letter. However, if the employee refuses to accept it, the letter is still valid company documentation.

Frequently Asked Questions

Misrepresentation of qualifications is one reason that an employee might receive a warning letter from an employer. While some employers may choose to fire an employee on that ground, others opt to issue an Employee Warning Letter. Misrepresenting your qualification could be claiming to hold a degree that you haven’t earned. Or, it could be the number of years of experience listed in the resume, inaccurate previous job titles, and the like.

The answer is no. The Employee Warning Letter is not a legal document, first and foremost. Signing it is just an official acknowledgment that the employee is aware of the warning, not an admission of guilt.

If the employer is not confident about the legality, you could benefit from talking to a legal expert. Alternatively, an HR person might also know what is considered a breach of the company's protocol and can advise on what to do going forward. Similarly, for the employee who receives a warning letter, they could consult an attorney if they strongly disagree with the contents of the letter.

The number one tip is to be as specific and straightforward as possible. Another useful strategy is to talk to the employee first and use the letter as a mere formality of record-keeping. Also, asking the employee to sign the letter is usually the standard.

The law doesn’t dictate how much time a private employer must give to an employee before terminating the employment. In extreme circumstances, the company might demand that the employee leave the company immediately, especially an at-will employment agreement is in effect. However, if the contract has a specific notice period, then the employer has to abide by that. The standard practice, in any event, is one or two weeks before the employee is to leave.

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Applicable to all 50 states
Applicable to all 50 states

Our documents are vetted by lawyers and are applicable to all 50 states.