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Contact us by either calling (608) 405-4070 or emailing the Dislocated Worker Unit. Federal and state statutes require employers to provide advance written notice of a business closing or workforce reduction in certain situations. Send the written notice to WIOATitleI@dwd.wisconsin.gov.
In certain circumstances, federal and/or state law requires businesses laying off workers employed in Wisconsin to provide the State's Department of Workforce Development (DWD) with advance written notice of the layoffs.
Providing copies of disciplinary action to an employee may be required in your state or as part of a union negotiation. For example, California's labor code 1198.5 requires employers to allow employees upon request to see all documents within their personnel file that they have signed.
Bottom line is that no employer can force you to sign any document, but refusing to sign can result in termination of your employment. You have no legal right to any paper you sign for the employer.
In general, the federal notice requirements under the Worker Adjustment and Retraining Notification (WARN) Act apply to employers with 100 or more employees. The notice requirements under Wisconsin's Business Closing and Mass Layoff (WBCML) law apply to employers with 50 or more employees in Wisconsin.
As a rule of thumb, you cannot terminate an employee without issuing a warning. In general, employers are required to give written notice to employees of termination to avoid legal liability.
Ask the employee to sign a copy of the document, acknowledging that it was received. If he or she refuses, have a witness sign indicating that he or she witnessed the employee's receipt of the written warning. Give a copy of the signed written warning to your employee at the end of your discussion.
You can dismiss an employee without a written warning. But these are normally related to instant dismissal like gross misconduct and illegal activity. However, providing a written warning can be beneficial if your dismissal is challenged in a court.
Confidential. Employment actions are confidential, which means you shouldn't discuss the written warning with anyone outside the human resources department and the employee.
In many states, employees have the right to view, or request a copy of, their personnel files. Your employer is required by law to document certain information about you, including your wages and hours, workplace injuries and illnesses, and tax withholding, as well as records of accrued vacation and other benefits.