Human Resource Blog

New Hampshire Written Warning

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

In most cases, yes, it is the best practice. Being “written up” normally implies that an employee committed a rule infraction, that the supervisor discussed it with the employee and provided a written notification of the discussion. This is a common practice among companies, but there is no federal or state law requiring it.

Understand that most of the country, including New Hampshire (but only in the absence of a written contract), practices the doctrine of “employment at will”. This practices means that companies and workers can terminate the job at any time for any reason.

So many employers have found written warnings effective, however, that it has become an industry standard.

Written warnings have advantages. The employee knows what is expected at work, has a clear idea of the consequences of breaking the rules, and if a rule is broken, has the chance to improve. For employers, the advantage come from the possibility of not having to pay a terminated worker unemployment benefits.

For instance, Eric gets to work 15 minutes late. His supervisor discusses the problem with him, but doesn’t document the discussion, only places a memo in Eric’s file. Eric may think being late is nothing to worry about, and continues to be tardy. After the fifth incident, he’s fired. To Eric, losing his job seemingly comes out of the blue.

If he files for unemployment, the company may have to pay. Without written documentation, the company has no evidence of Eric’s repeated tardiness.

Now consider that when Eric is late, his supervisor discusses the issue with him, informs him of the consequences (including losing his job) and provides a plan to correct the behavior. Eric receives written notice and signs it, but continues to be tardy. Each time he’s late he receives a written warning and signs it. After the fifth incident, he’s fired.

If Eric applies for unemployment compensation, the company may not have to pay. When a worker receives at least 3 written notices, the worker may not be eligible. Since the company can provide documentation of Eric’s continued tardiness, they may be saved the expense of increased unemployment premiums. JH