Is it a legal requirement to provide an employee with a written warning prior to terminating their employment?
No, it is not a legal requirement. However, if your company has a performance improvement process policy, this process should be followed consistently. If your company does not have a performance improvement process policy, it is very important to be fair and consistent when dealing with performance issues. Ensure that the issue(s) has been communicated clearly to the employee and that the employee is aware of the consequences if the performance does not improve. We recommend that companies maintain written documentation outlining performance issues and that the company has taken reasonable measures to assist the employee in improving. Every situation is different. Miller Correa strongly advises that you consult your employment attorney prior to terminating an employee.
