Verbal Warning

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Does a verbal warning have to be signed by the ee if it is documented?

Thank you!

Comments

  • 8 Comments sorted by Votes Date Added
  • It helps immensely if they initial to acknowledge the verbal. However, if you have a witness there, it's not necessary.
  • Thank you so much for your help!
  • If we give a verbal or written warning and the ee refuses to sign, the manager writes at the bottom of the form that they discussed the warning with the ee and the ee refused to sign. There is also an area on the form for the ee to put his comments if he disagrees with the warning.
  • Some of our supervisors have employees sign a memo indicating they received a verbal warning. But, we don't require the ee to sign. All written warnings or suspensions must be cleared through HR first then signed by the ee. I have won unemployment insurance challenges using verbal warnings unsigned by the ee as long as they were accompanied by subsequently signed written warnings for continued offenses. Both signed and unsigned warnings are filed in the the personnel folders.
  • Explain to me a written verbal warning -- now that's an oxymoron.

    If you give a verbal warning, he or she should note it somewhere in her records. The initial assumpiton with a verbl warning is that th eincident is minor and most likiely just the verbal counseling with the caution will be sufficient for the employee not to repeat the misconduct or poor performance.

    If there comes a time down the road where a written warning or any other written discilinary step then has to be imposed that's related to the verbal warning, the supwerviosr can always reference the verbal warning in the written warning along the following lines:

    "on April 1, following an incident of you failing to follow instructions, I verbally warned you about the inaprporiateness of your not following my instructions and cautioned you that if you repeated this type behavior, I would issue you a written warning or stronger disciplinary measure."

    Well, you get the idea (I was only aiming to demonstrate how to possibly word it). Incorporate the fact that you issued a verbal warning in a subsequent written disciplinary measure if the two incidents are close in time and nature.
  • >Explain to me a written verbal warning -- now that's an oxymoron.
    >
    >If you give a verbal warning, he or she should note it somewhere in
    >her records. The initial assumpiton with a verbl warning is that th
    >eincident is minor and most likiely just the verbal counseling with
    >the caution will be sufficient for the employee not to repeat the
    >misconduct or poor performance.


    I agree. I tell the supervisors to document a verbal warning by sending me an email briefly outlining the problem and what the ee was instructed to do. We have a standard form that is used for written warnings and I usually require more detail including a statement to the effect, "Continued problems of this nature will lead to further disciplinary action up to and including termination." I try to keep the documentation different for verbal and written. Also, we always give a written warning along with a suspension.
  • In our facility, and we are unionized, a documented verbal warning is the first step in our progressive discipline process. When an employee receives one, it means that either they have been talked to in a rather informal manner regarding the problem and it has not changed or the infraction is such that they are warned, in a formal manner, that whatever behavior they are engaging in cannot continue.

    We have a standard form that is used and the type of warning the ee is being issued is marked. The supervisor has a space to write the infraction in as well as what the expected behavior, or change, should be. The ee also has a space to write their version of the situation and the supervisor, plant manager and ee sign it. We also make sure a union rep. is there as a witness. If the ee refuses to sign it (and this is prevalent in this union facility), that is documented and a copy is made for the ee as well as the union and the original goes in their file. If another infraction does not occur within six months (with the exception of attendance), it becomes inactive and another infraction will result in the disciplinary process beginning again.
  • In the grand scheme of progressive discipline, a verbal warning is normally the first step in the formal progressive disciplinary step. A verbal warning can be written because verbal means words. An oral warning is not written. The confusion initially started in the union context where language is not always precise.

    It is necessary to record an oral warning somewhere. It usually is a note to the file.

    It is a good practice to ask employees to sign the written warning. It has been my experience that many employees believe that they can become lawyers by watching Law & Order, or similar TV shows. Thus, they believe that if they do not sign the written warning, they are somehow lessening the impact of the warning. In addition, they believe that they are not admitting anything. So what. The purpose of having the employee sign the written warning is to acknowledge receipt and sometimes understanding of the warning's message. Some employers actually have written on the warning something to the effect:

    "I acknowledge receipt of this warning." Others go further and say, "By signing this document, I only acknowledge receipt of this warning and my signature does not mean that I agree with the warning or that I violated any rule." Why any one would use language like the second statement is beyond me.

    If an employee refueses to sign, then the supervisor normally writes on the warning, "Employee refused to sign."

    In the end, it really does not matter if the employee signs the document. What matters is that you have investigated the matter, you have the facts, and that you took corrective action that is appropriate in the context of your disciplinary system.
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