Title VII of the Civil Rights Act 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must ensure the warning letter is not discriminatory in nature.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination. Warning must consider any relevant accommodations or disability-related factors.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Warning must be based on conduct, not age-related factors.
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining. Warning must not interfere with protected concerted activities.
Fair Labor Standards Act (FLSA): Federal law establishing wage, hour, and overtime standards. Warning must not relate to protected activities under FLSA.
State Employment Laws: Varying by state, these laws may provide additional employee protections and specific requirements for disciplinary actions.
Company Policy Compliance: Warning must align with established company policies, employee handbook provisions, and progressive discipline procedures.
Documentation Requirements: Must include specific misconduct details, policy violations, previous warnings, corrective actions needed, consequences, and improvement timeline.
Due Process Considerations: Must respect employee's right to respond, union representation if applicable, and ensure fair and consistent application of discipline.
Investigation Documentation: Records of any investigation conducted, including witness statements, evidence collected, and findings that support the warning.
