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Maine Written Warning

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

No state or federal law requires written warnings, but they are considered “best practice” in the Human Resources profession. A “best practice” is one that’s become what might be called an industry standard, having been adopted by many companies and found to be very effective.

There are good reasons for giving written warnings, which we’ll get to in a moment.

First, by definition, being “written up” usually means that an employer has discussed a disciplinary problem with a worker and has given the worker written documentation of the discussion. The documentation would explain the problem in detail, outline a way to improve behavior, and describe the results that will follow if no improvement is made.

In most cases, employers require workers to sign those written notifications or warnings, showing that the problem was discussed with the worker.

Companies use written warnings for several reasons, but one is that they very often mean the employer won’t be required to pay unemployment benefits. In Maine, just as numerous other states, when an employer fires a worker for “willful misconduct,” there may be no requirement to pay the jobless benefits. Documentation is the key here. If the employer can show that the worker was warned about the behavior repeatedly, it is less likely that unemployment compensation will have to be paid.

But if a worker were fired for lateness without any written warnings, she or he may qualify for the benefits. That would raise the employer’s premiums. So it is helpful if the employer maintains documentation.

Documentation avoids unpleasant surprises as well.

As an example, assume an employee gets to work 10 minutes late, but the employer doesn’t write the worker up. Instead, she or he merely puts a notice in the employee’s personnel file. The employee may believe that being 10 minutes late at this job is not a problem, and be surprised to be fired without warning. However, if the worker signed a series of warnings, then she or he is clearly apprised of the problem that could result from continued tardiness. JH