Written warning to an employee – 10 things the employer should check
Share
By The Template Store · Fact-checked October 1, 2026
A written warning should not be copied from a standard template before the employer has determined the legal nature of the document. The most common function in private employment law is a clear reprimand regarding misconduct and what may happen if the behavior continues.
- Determine the type. Is it an LAS (Employment Protection Act) warning/reprimand or an actual disciplinary sanction? Disciplinary sanctions require support in law or collective agreements.
- Check collective agreements. There may be specific rules regarding negotiations, disciplinary sanctions, or procedures.
- Investigate the facts. Do not build the document on rumors, assumptions, or unverified information.
- Listen to the employee. An explanation may change the assessment.
- Assess illness and rehabilitation. Illness-related incapacity should not be treated as deliberate misconduct without further consideration.
- Describe the incident precisely. Dates, instructions, obligations, and concrete deviations are more useful than personal judgments.
- Describe the expected change. The employee must understand what must be done differently.
- Explain possible consequences correctly. Do not write that "the next warning automatically means termination." The assessment according to Section 7 of the LAS is based on the circumstances.
- Document receipt. A signature is not a general legal requirement. If the employee refuses to sign, the employer can document how and when the document was delivered.
- Follow up. Check whether the behavior has changed and document both improvements and continued problems.
No fixed scale of warnings in the LAS: the law does not say "three warnings = termination." Objective grounds, the duty to reassign, the two-month rule, and the specific misconduct must be assessed in each case.
The public sector may have other rules
For government employees, there are explicit disciplinary sanctions in the Public Employment Act (LOA), including warnings and salary deductions. Therefore, do not automatically confuse a private employer's reprimand with a disciplinary sanction under the LOA.