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Termination Warning Letter for the United States

Termination Warning Letter Template for United States

A Termination Warning Letter is a formal document used in U.S. employment law to notify an employee that their performance or conduct is unsatisfactory and may lead to termination if not improved. The document outlines specific issues, expectations for improvement, and a timeline for correction. It serves as both a legal record and a communication tool, complying with federal and state employment laws while providing clear documentation of the warning process.

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Termination Warning Letter

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What is a Termination Warning Letter?

The Termination Warning Letter is a crucial employment document used when an employee's performance or conduct requires formal intervention. It represents a critical step in the progressive discipline process under U.S. employment law, typically issued after verbal warnings have proven ineffective but before termination. The letter should clearly document specific issues, set measurable improvement goals, and establish a reasonable timeline for correction. This document serves multiple purposes: it provides clear notice to the employee, creates a legal record of the warning, and demonstrates the employer's fair treatment and due process in case of eventual termination.

What sections should be included in a Termination Warning Letter?

1. Date and Address Block: Current date and employee's full contact information

2. Subject Line: Clear indication this is a formal warning letter

3. Specific Issues: Detailed description of performance/conduct problems

4. Previous Warnings: Reference to prior verbal/written warnings if any

5. Expected Improvements: Clear, measurable performance/behavior expectations

6. Timeframe: Specific period for improvement

7. Consequences: Clear statement of potential termination if no improvement

What sections are optional to include in a Termination Warning Letter?

1. Performance Improvement Plan: Detailed action plan for improvement when addressing complex performance issues requiring structured improvement

2. Support Resources: Available company resources to help improvement, included when company offers training or assistance programs

3. Meeting Schedule: Proposed check-in meetings to review progress, included for cases requiring close monitoring

What schedules should be included in a Termination Warning Letter?

1. Performance Records: Copies of relevant performance reviews or incident reports

2. Company Policies: Relevant sections of employee handbook or policies violated

3. Acknowledgment Form: Employee signature form confirming receipt of warning

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Clauses




















Industries

Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must ensure termination warning does not violate these protections.

Americans with Disabilities Act (ADA): Federal law protecting qualified individuals with disabilities from discrimination. Warning letter must consider any reasonable accommodations.

Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Termination warning must not show age-based bias.

Fair Labor Standards Act (FLSA): Federal law governing wages and hours. Relevant for ensuring any performance issues cited are not related to protected wage/hour complaints.

National Labor Relations Act (NLRA): Federal law protecting workers' rights to organize and engage in collective activities. Warning cannot be in retaliation for protected activities.

Family and Medical Leave Act (FMLA): Federal law providing protected leave rights. Warning letter must not relate to legally protected absence periods.

State Employment Laws: Various state-specific regulations including at-will employment provisions, notice requirements, and state-level anti-discrimination protections.

Company Policies: Internal policies including employment contracts, handbook provisions, and progressive discipline procedures that must be followed.

Documentation Requirements: Necessary supporting evidence including performance reviews, prior warnings, improvement plans, and incident records.

Due Process Procedures: Requirements for fair treatment including clear communication, specific expectations, reasonable improvement timeframes, and explicit consequences.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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