How to Deliver aVerbal Warning

Wright & Supple LLP

Mary E. Wright 650-248-6490Oriet Cohen-Supple 510-4955749

What is a “verbal warning?

A disciplinary action by a supervisor to a subordinate employee.a) Verbally identifies observed

performance deficiencies or misconduct.

b) Communicates performance expectations.

c) Delivers notice of consequences for failure to improve and/or meet expectations

Verbal Warning

What is the purpose of a “verbal warning?”

The purpose of a verbal warning is to:a) provide notice to an employee

that they are not meeting employer expectations and that there could be disciplinary consequences for failure to improve.

b) correct or change observed behavior.

Verbal Warning

Who gives the “verbal warning?”

An employee’s direct supervisor typically gives a verbal warning.a) It may, however, be given by any

agent of the employer in a superior position to the employee.

b) The warning should be given in private. Unless given in an emergency situation.

Verbal Warning

What is said in the “verbal warning?”

The supervisor should :a) identify misconduct or

performance deficiencies observed.

b) communicate that the conduct violates policy, constitutes misconduct or demonstrates inadequate performance.

c) request improvement within a certain period, i.e., immediate, sustained improvement within the next 30 days, etc., and

d) identify the specific consequences of failure to meet expectations.

Verbal Warning

Verbal Warning

What is said in the “verbal warning?”

The verbal warning should identify the manner or means for correcting behavior. For instance requesting the employee:a) obtain further training or

instruction,

b) engage in constructive conversation with coworkers or

c) improve work habits or ethics.

Should the employer document the “verbal warning?”

Yes. Always. Make a written record of:a) performance deficiency or

misconduct observed,

b) time and place of the observation,

c) what was said to (and by) the employee, and when, and

d) the time frame given for improvement.

Verbal Warning

Verbal Warning – Talking Points

• A direct opening sentence:

– “Thank for meeting with me.”

– I asked you to meet with me because…

– “I observed,” “You were observed” “We have discovered…”

• Ask for a response:

– “Did you…” Not “Why did you…”

• Acknowledge agreed upon or disputed issues.

• Do not argue or negotiate.

Verbal Warning – Talking Points

• Agreed Upon

– Say “Thank you”

– Stop discussing the facts of what happened. They have been confirmed.

– Move on to whether the conduct violates company policy or procedures.

• Disputed:

– Confirm understanding of employee’s position.

– Say “I hear what you are saying” or “I understand that you believe…”

– Tell them that you will document their position.

– Reconfirm your position.

– Move on.

Verbal Warning – Talking Points

• Identify the policy or procedure violated.

– Take a copy into meeting

• Say:

– “You must correct this conduct.”

– “immediate, sustained improvement…”

– “You have 30 days…”

• Provide notice of the consequences of failure:

– “You can be disciplined up to and including termination of your employment.”

– “You could be removed from your position.”

– “Failure will be reported to…”

Verbal Warning - Notes

• Deliver in private whenever possible.

• Warn as close in time to the observed behavior as possible.

• Give the employee an opportunity to respond.

• Do not argue or negotiate.

• Document the warning.

• Place documentation in Personnel File.

Of course, nothing in California is that easy.There are all sorts of factual twists that canchange the way this material applies in your particular situation.

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Nothing takes the place of advice from a lawyer who knows you and your business,and who understands the laws of the state in which your business is located.

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