Massachusetts Written Warning/Discharge Notice

State:
Multi-State
Control #:
US-0066BG
Format:
Word; 
Rich Text
Instant download

Description

In most cases, you will base your decision to terminate an employee on aspects of the person's work performance, such as excessive absenteeism, failure to complete projects on time or misuse of company property. Provide preliminary disciplinary action, such as verbal warnings and written warnings, for infractions before you opt for discharge. This gives the employee an opportunity to make adjustments to avoid termination. Document all disciplinary actions in writing, including the dates and times of the infractions and the actions taken in response to the infractions. If the employee does not improve his performance, documentation prevents the employee from claiming that you terminated his position without warning. Ask the employee to sign all disciplinary documentation. If he refuses, have a witness sign the documentation and note the employee's refusal to sign.
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FAQ

Employers tend to give a series of warnings leading up to a termination. Employees commonly receive verbal warnings from supervisors or managers. But written warnings tend to be more severe. If an employer issues a written warning, then it may be gearing up for a termination.

The decision contained in a written warning could be immediate dismissal, unfair deadline even suspension without pay during the period and other severe punishment. If you find the decision unfair but your employer fails to allow you to appeal, you may consider seeking a court resolution.

A written warning should always be taken seriously as it can often be the first step towards dismissal from employment. It is important to note that a written warning does not automatically lead to dismissal ? it is simply one step in a process that you, as an employer, must follow before dismissing an employee.

Disciplinary action after a final written warning : Usually the employee to be dismissed have a meeting with his/her supervisor and he/she is given the orders to leave for a period of 7-14 days. He/she is also given the period to appeal and is told whom to appeal to.

You should write to your employee to explain the outcome of their hearing. Our Download Centre has a written warning template for attitude, conduct, or performance that includes all of the information you should mention, including what improvement you expect from them, deadlines, and their right to appeal.

It is recommended that you make provision for a ?comprehensive final written warning? and include a provision in your disciplinary policy that stipulates that any employee who is issued with more than two valid final written warnings may be dismissed.

Typically, a warning may last on file for 6 months. A final written warning may remain on file for 12 months. In extreme cases you may have a warning that stays on file for an indefinite period.

If you decide to dismiss an employee after issuing them with a final written warning, or as the result of gross misconduct, there are various reasons why this would be considered fair dismissal: Your employee has failed to improve their behaviour or work ethic after receiving formal notice from management.

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Massachusetts Written Warning/Discharge Notice