Oklahoma 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

A good rebuttal is professional, diplomatic, logical and accurate. It can firmly challenge facts when necessary, but it could also enhance your credibility to gently concede some points, if merited.

The disciplinary policy of some employers allow employees to appeal against warnings. Even where this is not so, the employee concerned is entitled to refer the warning to the CCMA or bargaining council. If the arbitrator finds the warning to have been unfair he/she is empowered to remove the warning.

It is best to respond in writing and for you to keep a copy. You should include your version of events and how you intend to remedy the problem or arrange a meeting with your employer to discuss this with you. If you believe a warning is unfair, you should give a full explanation of why.

If you feel you've received an unfair write-up, you can dispute it. Gather evidence to support your rebuttal, such as positive performance reviews or your employment contract. Write a letter explaining why you dispute the write-up and provide your evidence.

A final written warning should always include: The date on which the employee received verbal warnings from management. The behaviour expected of employees at work. Details of the unacceptable behaviour or conduct. Details of how many times this behaviour or conduct occurred.

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.

Appeal Unfair Warning Letter If an informal resolution is not reached, you may wish to consider submitting a rebuttal letter as part of a formal appeal or grievance process. The impact of an unfair warning letter can be far-reaching.

The written warning procedure is, in fact, step five of the wider disciplinary procedure process. This is something that should be written into your company's disciplinary policy or guidelines.

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Oklahoma Written Warning/Discharge Notice