Employee Written Warning Form for the United States

Employee Written Warning Form Template for United States

An Employee Written Warning Form is a formal document used in the United States to document workplace violations, performance issues, or behavioral concerns. The document serves as official notice to an employee regarding unacceptable conduct or performance, outlining specific incidents, expectations for improvement, and potential consequences of continued non-compliance. It forms part of the employee's personnel file and may be used in progressive discipline procedures, while complying with federal and state employment laws.

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What is a Employee Written Warning Form?

The Employee Written Warning Form is a crucial document in U.S. workplace disciplinary procedures, used when verbal warnings have proven ineffective or when the severity of an incident requires immediate formal documentation. This document helps establish a clear record of workplace issues, protects both employer and employee rights, and supports progressive discipline policies. The form should detail specific incidents, outline required improvements, and document any previous warnings while adhering to federal and state employment laws. It serves as both a corrective tool and legal documentation, potentially supporting future employment decisions.

What sections should be included in a Employee Written Warning Form?

1. Employee Information: Basic details including name, position, department, and employee ID

2. Incident Details: Specific description of the violation or performance issue

3. Previous Warnings: Documentation of any prior warnings or disciplinary actions

4. Improvement Plan: Specific expectations and timeline for improvement

5. Consequences: Clear statement of potential consequences if improvement isn't made

6. Signatures: Space for employee and supervisor signatures and dates

What sections are optional to include in a Employee Written Warning Form?

1. Union Representative: Space for union representative signature when employee is unionized

2. Employee Response: Space for employee to provide written response when company policy allows written responses

3. Witness Statement: Space for witness signature when incident was witnessed by others

What schedules should be included in a Employee Written Warning Form?

1. Performance Improvement Plan: Detailed plan with specific metrics and timelines

2. Related Documentation: Copies of relevant policies violated or incident reports

3. Previous Warning Records: Copies of previous warning forms if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Employment Letter

Cost

Free to use
Industries

Title VII of the Civil Rights Act of 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Written warnings must be issued in a non-discriminatory manner.

Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Written warnings must consider reasonable accommodations and ensure fair treatment of disabled employees.

Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Written warnings must be issued without age bias.

National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Written warnings must not interfere with protected concerted activities.

State Labor Laws: Various state-specific employment regulations that may affect the content and process of issuing written warnings. Requirements vary by jurisdiction.

Fair Labor Standards Act (FLSA): Federal law establishing record-keeping requirements for employment documentation, including disciplinary actions.

EEOC Guidelines: Equal Employment Opportunity Commission guidelines for maintaining fair and non-discriminatory employment practices in disciplinary actions.

Company Policy Compliance: Written warnings must align with established company policies, employee handbook provisions, and any existing collective bargaining agreements.

Due Process Requirements: Legal considerations including employee's right to respond, clear documentation of incidents, specific improvement expectations, and reasonable timeframes.

Privacy Laws: Federal and state requirements regarding employee privacy protection, confidentiality of personnel records, and documentation retention periods.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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