Human Resource Blog

Rhode Island Written Warning

	Performance Management
Performance Appraisal Review Employee Performance Evaluation Form Performance Improvement Plan Employee Warning Notice Employee Counseling Report Employee Final Warning Notice

	Termination
Employee Warning Notice Employee Final Warning Notice Employee Resignation Form Exit Interview Questionnaire Separation Checklist

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

In general, the term “written up” implies that a disciplinary problem has been discussed with an employee, and that the employee has received written notification of that discussion. Standard procedure is for the employee to sign the notice, verifying that the he or she was informed of the problem.

There is no state or federal law mandating written warnings. Most states in this country operate under an “employment at will” doctrine, which means either the employee, or the employer, can terminate the job at any time for any reason. Rhode Island applies this doctrine (California does not), but only in the absence of a written contract such as a union agreement.

Providing written warnings comes under the heading of Human Resources “best practices”. This “best practice” has been adopted by so many companies that it has become an industry standard.

Written warnings have two advantages. First, the employees know what is expected of them at work, and have the opportunity to correct the behavior and improve performance. Second, written warnings provide documentation for the employer in cases of unemployment compensation.

To illustrate, consider James who shows up to work 20 minutes late. His supervisor discusses the behavior with James, including how to correct the behavior and the consequences of further incidents. James signs the warning and the supervisor places it in James’ personnel file.

James continues to come to work late. Each time, he receives warnings and signs them. Eventually, he gets fired. If he files for unemployment compensation, he may not receive benefits. If a worker receives at least three written warnings (and the behavior is within his or her control), he or she may not qualify for unemployment benefits.

So, providing written documentation can save the employer from increased unemployment premiums.

Conversely, if James’ supervisor talks to him, but doesn’t document the behavior, James could get the idea that being late is nothing to worry about. He continues to be tardy, and one day is suddenly terminated. Since there is no written proof of his behavior, he may be eligible for unemployment compensation. JH