Jonathan K. Driggs
Attorney at Law, P.C.
(801) 361-6706 jkd@jkdlawpc.com
HOW TO WRITE EMPLOYEE WARNING LETTERS
A well-written disciplinary action letter should include the following:
1.
Clearly identify the PROBLEMS. Describe the performance or conduct problems in detail—be sure to include dates and facts.
If the problem involves a subjective issue like a “poor attitude”, be sure to provide specific examples of how the poor attitude is
displayed. Simply stating that an employee has a “bad attitude” is too vague to be of any help. Vague allegations can also create
appearances that the manager is being careless or is “out to get” the employee.
2.
Clearly describe the IMPACT that the problems are having on the organization. The “impact” is your ultimate concern:
what are the negative consequences that flow from the problems? What price is the company paying as a result of the employee’s
misconduct or poor performance? For example, if the problem is tardiness, the impact of the problem may be that other
employees have to cover for the employee which causes them to neglect their own duties.
3.
Clearly identify the company’s EXPECTATIONS for the employee. Now that you’ve told the employee what he or she has
been doing wrong, clearly explain to the employee what he or she needs to do in order to perform the job correctly. This is a
good place to clarify policies, reset expectations, provide helpful coaching and anticipate possible future excuses.
4.
Clearly WARN the employee of future consequences if they fail to meet the company’s expectations. Be clear and firm, but
avoid getting becoming overly rigid or specific about any consequences (for example, don’t write: “if you’re tardy one more time,
you’ll be suspended for 3 days; if you’re tardy a second time, you’re fired”). Usually a clause like the following is clear enough,
while also providing needed flexibility: “failure to make immediate and meaningful improvements as described in this letter,
may* result in further disciplinary action and/or termination of employment.” *Using words like “may” instead of “will” helps to
preserve your flexibility, so you can appropriately and fairly respond to any set of circumstances that might develop.
5.
Have the employee SIGN the letter. Ask the employee to sign the letter. If the employee would like to make a written response
to the letter, allow him/her to do so. If the employee refuses to sign the letter, have another manager witness the employee’s
refusal. Write “refused to sign” on the signature block and both you and the other manager should sign and date the letter.
Provide the employee with a copy of the letter. The company should keep the original letter in a secure location (preferably the
employee’s personnel file).
A sample warning letter can be found on the other side of this page. Notice how the paragraphs correspond to the five items listed
above. These steps are also a useful outline for the verbal discussion you will have with the employee when you present the warning
letter to him or her.
Other Points to Keep in Mind:

Use proper grammar and spelling, otherwise it can look like you were careless or casual when drafting the letter. Write the letter
directly to the employee (not to the file or some other person). Write the letter in a style that can be easily understood by the
employee.

Avoid making it “personal” against the employee; be factual and objective. Avoid sarcasm, belittling comments or name-calling.
Remember that important third parties may end up reading your letter (e.g., the unemployment office, attorneys, government
investigators and juries).

Reference any prior verbal warnings/discussions in the letter.

Always have the letter reviewed by someone else before giving it to the employee! Your boss, an HR manager or your legal
counsel would be an appropriate choice. This will provide a good check and balance on your objectivity, allow for companywide consistency, and help to protect you from claims that you’re “out to get” the employee.

Employees may ask if the warning letter will be removed from their personnel file sometime in the future. Most employers view
warning letters as important documents about the history of the employment relationship. As a result, most employers do not
remove warning letters from personnel files. This, however, would not preclude the employer from placing another letter in the
file at a later date stating that the employee has responded effectively to the warning letter previously issued.
This document should not be construed as legal advice. Those making decisions on employment related matters should consult with an attorney.
SAMPLE DOCUMENT
<date>
--CONFIDENTIAL-Dear <name of employee>:
It has come to my attention that you have been late to work three times during the last three weeks (January 27,
February 1 & 5). In each of these instances you were at least one hour late. Further, you have had two
instances within the past week in which you have failed to provide tech support to your internal customers-which is a primary function of your official responsibilities as an Information Technology Technician. On
February 8, you refused to help an internal customer who was having problems with her computer. When this
person questioned you as to why you wouldn’t help her, you became argumentative and used profanity. On
February 10, you promised an internal customer that you would help him with a computer-related problem
related to a very important project for a major client of the Company. You agreed to meet with this employee at
10 a.m. to resolve the problem. However, you failed to keep this appointment.
The impact of the above-listed problems is significant. When you are late to work, company-wide IT support is
reduced during the critical early morning hours when many problems are first reported. Further, when you fail
to respond to your internal customers’ needs, their projects and workloads suffer. Regarding the incident on
February 10 described above, because of your not keeping the appointment, a critical project for a major client
was delayed, resulting in the Company receiving a complaint from the client.
Please be aware that you are expected to arrive to work everyday no later than 8:00 a.m. Further, you are
expected to respond promptly, politely and effectively to all requests from your internal customers regarding
their computer-related needs. If you have scheduling problem with your workload, you are expected to
coordinate with other IT Techs, or to confer with me so that no problem goes unresolved.
Finally, this letter is a written warning to you that failure to make immediate and meaningful improvements as
described above, may result in further disciplinary action and/or termination of employment.
Please sign below to acknowledge having received this letter.
Sincerely,
<name of manager>
I.T. Manager
Employee Acknowledgement of Receipt:*
Employee Signature
Date
*Signing this document confirms that you have had the opportunity to review it.
Your signature does not mean that you necessarily agree with all of
the contents of the letter.
This document should not be construed as legal advice. Those making decisions on employment related matters should consult with an attorney.