Employee Warning Letter

The first step is to prepare a solid documentary basis of facts proving an employee’s poor performance and unprofessionalism, including dates, times, what was said, who was present, what was expected, and what actually happened. 

When the employer’s concern is mainly about the final deliverables, the best approach is to document all mistakes the employee made at work. Remember one important rule: everything you plan to mention in the text of the employee warning letter template must be supported by relevant documents. 

If you plan to issue a verbal warning template, you must still record it in writing on an employee’s internal profile for further record. If you plan to go ahead with a written warning, then the present template is exactly what you need. 

The present template allows you to customize the document, including as a first warning or a final warning letter to an employee.

The law does not establish strict rules regarding the methods for delivery of the warning letter. The most common options include:

• In-person delivery during a meeting with an employee. It is highly recommended to invite a third party to the meeting, such as a management representative or someone from the HR department.
• Delivery by email (this is the most common option for remote employees or employees on extended leave).  In such a case make sure that such an employe is being sent with a request that the employee acknowledge receipt.

The letter should be signed and dated by the issuing manager, including the company’s director, head of HR or other person within the organisation who is authorised to issue this type of letter, 

Ask the employee to sign an acknowledgement that they received the letter. It is important to emphasize that acknowledgement does not mean that the employee agrees with it. We suggest including the following wording at the end of the employee warning letter template: “I acknowledge the contents of this letter and that a lack of signature does not indicate non-receipt, waiver or disregard of this letter. I have been allowed to review and sign the same prior to it being added to my file.”

The wording of every employee letter template must contain a clear description of the events which triggered the issuance of the warning. The description must include specific incidents, dates and a reference to the employer’s internal policies containing the standards of conduct or performance. 

A warning letter to an employee for poor performance that does not quantify the underperformance (missed targets, specific projects, measurable KPIs) will rarely support a later cause termination. 

Many Canadian employers fail to understand the main purpose of the employee warning letter template. In fact, this letter is not about pointing at an employee’smistake. The main purpose is to provide an employee with explicit guidelines on how to improve their performance or discipline. 

All in all, the letter should state the standard, the timeframe for improvement, and the support available (training, mentoring, resources).

Whether it is a first-time warning or a final warning letter to an employee, the document must clearly outline the consequences and what will happen next. For example:

• Issuance of the second warning in case of failure to deliver improvements;
• Issuance of the final warning;
• Termination of employment contract.

Ignoring the just-cause threshold. Canadian common law sets a high bar for just-cause termination. The leading case, McKinley v. BC Tel, 2001 SCC 38, established a contextual approach — a single incident will rarely justify cause unless it fundamentally repudiates the employment relationship. Progressive discipline is how employers build the record that a cumulative cause termination requires. Each warning letter contributes to that record.

Poor performance or attendance issues often have an underlying cause protected by the applicable provincial Human Rights Code (Ontario Human Rights Code, R.S.O. 1990, c. H.19; BC Human Rights Code, R.S.B.C. 1996, c. 210; Alberta Human Rights Act, R.S.A. 2000, c. A-25.5; and equivalents elsewhere). Disability, family status, addiction (which is treated as a disability), religion and pregnancy are all common triggers. Issuing a warning in response to behaviour that is in fact a protected characteristic — rather than offering accommodation to the point of undue hardship — turns a disciplinary matter into a human rights complaint. The template’s guidance notes flag the questions you need to ask before issuing.