Does a final warning for employment need to have an execution date for it to be valid?

Question

I am looking for legal advice on a final warning. How long are the valid if no date is given. Can they be used to terminate someone 2 years after issuance? How about 3 months? Does it need to come with a probation period?

Answer 1

Actually, if you live in the US and not in Montana, you are an employee at will, and they can fire you without any warnings whether you are "on probation" or not, unless you have a contract that says otherwise..  Warnings are something many employers give to allow an employee the opportunity to correct problems rather than getting fired immediately.

Answer 2

A final warning means that the next time you do something out of line you will be terminated.  You will not be "warned" about anything in the future, you will just be fired, because you have received your FINAL warning.

Most companies stipulate on the form you sign how long this final warning is in effect.  Generally, it is a 12-month period however companies vary in their policy.

It most certainly is legal.  Most states now are "right to work" states which LEGALLY means you can quit any time you want and/or the company can terminate you any time they want with or without cause to do so.

Answer 3

Final warnings don't have to come with anything standard.  The specifics are going to vary from employer to employer.  You should have been given an employee manual when you were hired.  That information will be in there.  Most employers that have a system for warning and terminating employees will also have a system for removing the 'bad' marks against that employee if they improve after being warned over time.

If you don't have it, or weren't given one, ask human resources for another copy, or ask human resources for the answer to your question.  They would know best.

Generally, if you have been given a final warning, you are going to have to be very, very good for a long time.  There will be no further warnings.  The next time something happens, your employment will be terminated with no further warnings.

Good luck.

Answer 4

Usually from my experience the first warning is written and they can give you a verbal final warning, which usually means you are fired.  So I don't understand why if they have given you a final warning you are still employed.  

Answer 5

progressive discipline is not a requirement of law and is a matter of the companies policy.

only the employer can answer this question concerning their policies.

in general smart employers do not tie there hands or limit their options,  by simply writing that further discipline MAY/CAN include termination or MAY/CAN include some other action. by using the words MAY or CAN instead of stating what WILL happen next allows them to take any action that is deemed necessary.

progressive discipline should include a plan for improvement with clearly set goals or standards and a time limit for the improvement to take place but again as noted this is a policy matter and no law says they must do so.

if you are not under contract you are employed "at-will" (not working under "right to work") which means the employer or employee may end the employment relationship for any reason or no reason with or without notice

(as long as the reason is not illegal, discriminatory or retaliatory).

"right to work" relates to not having to be part of a union to be employed in a union shop.