Minnesota 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

Minnesota labor standards law requires employers to provide each employee with a written notice detailing important terms of employment, including how much the employee will earn, when they will be paid and who owns the company they will be working for. The notice must be issued at the start of employment.

Should a company provide a terminated employee with a reason for the termination? Yes. Advising an employee of the reason for the termination is considered a best practice and is required in some states.

Minnesota is an employment "at will" state. The employer can fire any employee for any reason as long as that reason is not illegal.

Employees who voluntarily leave employment (quit), are terminated, discharged or fired, but do not make a written demand, are due all wages and commissions on the next regularly scheduled payday. If the payday is within five days of the last day of work, the employer may have up to 20 days to make final payment.

Employees terminated by an employer have certain rights. An employee has the right to receive a final paycheck and the option of continuing health insurance coverage, and may even be eligible for severance pay and unemployment compensation benefits.

A new law requires employers to provide all employees with earned sick and safe time beginning Jan. 1, 2024. A new law passed during the 2023 legislative session, Chapter 53, that will require employers to provide employees with earned sick and safe leave.

An employer must give a truthful reason why an employee was terminated, if requested in writing by the employee within 15 working-days of termination. The employer has 10 working-days from receipt of the request to give a truthful reason in writing for the termination.

When employees engage in unacceptable behavior or conduct themselves in a manner that violates standards of professional practice, their employment contract, or ESD policies, procedures or expectations, discipline may be imposed up to and including discharge.

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Minnesota Written Warning/Discharge Notice