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Arkansas Written Warning

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If an employee is written up in Arkansas, do they have to receive a copy of the disciplinary warning?

First of all, most states, including Arkansas, are under the so-called “employment at will” doctrine, which means an employer can fire someone at any time for any reason or for no reason whatsoever. (There are some exceptions to this rule.)

Second, there is no law that requires written warnings.

With those facts out of the way, it should be pointed out that written warnings come under the heading “best practices,” and are viewed so by the Human Resources profession. Companies have adopted the policy of written warnings, and in general it has become what might be called an industry standard.

The phrase “written up” already suggests that an employer and employee have had a discussion about some disciplinary issue. It also suggests that the employer has given the worker written documentation about that discussion. Usually, employers have workers sign the documentation.

Typically, the documentation describes the infraction in detail, includes information about how to rectify the problem, and outlines the consequences that could result from continuing in the inappropriate behavior.

Employers and employees both benefit from the written notification policy.

Consider the employer. She or he reduces the risk of liability for unemployment compensation payments when documentation is in order. It is less likely, whether in Arkansas or in other states, for an employer to face those extra costs if there is written proof that a worker was repeatedly warned about a disciplinary issue. If the worker had been fired without warning, he or she might qualify for jobless benefits. Those benefits increase a company’s premiums.

Now consider the employee. Repeated written warnings, signed by the worker, reduce the likelihood that an employee will face a “surprise” firing. Assume that “Bill” comes to work 10 minutes late and receives no spoken or written warning. Bill will be under the impression that lateness is not a “big deal” and may continue to come in late, until one day he’s confronted with the shock of a firing. But with repeated written notification, if Bill continues to be late, he has had a fair warning of the consequences. JH