{"attribution":{"name":"InterObservers Employer Desk","url":"https://interobservers.com/desk/"},"license":{"name":"CC BY 4.0","url":"https://creativecommons.org/licenses/by/4.0/","applies_to":"The compilation: selection, structure, summaries and field names, by InterObservers Employer Desk.","official_sources":"Quoted statutes and agency text are reproduced verbatim from official government sources and remain the works of those governments. U.S. federal government works are in the public domain; state and local government material is quoted for reference with a link to the source.","attribution_required":"Credit \"InterObservers Employer Desk\" with a link to https://interobservers.com/desk/."},"disclaimer":"General information, not legal advice. Laws change; check the official source linked.","generated_at":"2026-09-24T23:28:24Z","api_version":"1.0.0","situations":[{"slug":"write-up-an-employee","name":"Write up an employee","page_url":"https://interobservers.com/desk/write-up-an-employee/","summary":"To write up an employee, gather the facts with dates, check your written policy, meet privately, describe the issue and the expectation, set a review date, give the employee a written warning to sign for receipt, and keep a copy in the personnel file. Use the same process for everyone with the same issue.","steps":[{"t":"Collect the facts","d":"Write down what happened with dates, times and who saw it. Pull any records: time sheets, emails, customer complaints."},{"t":"Check your policy and past practice","d":"Find the handbook rule or expectation involved, and check how you handled the same issue with other employees. Consistency is what makes a write-up fair."},{"t":"Pick the right step","d":"First issue: a verbal warning, recorded in a log. Repeated issue: a written warning. Still repeating after a written warning: a final written warning."},{"t":"Fill in the document before the meeting","d":"Use the form on this page. Describe behaviour, not character, and make the expectation measurable."},{"t":"Meet in private","d":"Keep it short. Describe the issue, the expectation and the review date, then let the employee respond. Consider having a second manager present."},{"t":"Ask for a signature for receipt","d":"The signature confirms they received the warning, not that they agree. If they decline, write that down and have the witness sign."},{"t":"File it and follow up","d":"Give the employee a copy, keep the original in the personnel file, and put the review date in your calendar."}],"documents":[{"slug":"verbal-warning","name":"Verbal warning log","api_url":"https://interobservers.com/api/v1/templates/verbal-warning.json","page_url":"https://interobservers.com/desk/templates/verbal-warning/"},{"slug":"written-warning","name":"Written warning","api_url":"https://interobservers.com/api/v1/templates/written-warning.json","page_url":"https://interobservers.com/desk/templates/written-warning/"}],"rule_keys":["at_will_exceptions","service_letter"],"sources":[{"name":"EEOC: Retaliation","url":"https://www.eeoc.gov/retaliation"},{"name":"EEOC: Prohibited employment policies and practices","url":"https://www.eeoc.gov/prohibited-employment-policiespractices"},{"name":"EEOC: Recordkeeping requirements","url":"https://www.eeoc.gov/employers/recordkeeping-requirements"},{"name":"SBA: Hire and manage employees","url":"https://www.sba.gov/business-guide/manage-your-business/hire-manage-employees"}]},{"slug":"put-an-employee-on-a-pip","name":"Put someone on a PIP","page_url":"https://interobservers.com/desk/put-an-employee-on-a-pip/","summary":"To put an employee on a performance improvement plan, document the gap between their performance and the role's expectations, set two or three measurable goals, name the support you will give, schedule regular check-ins, set an end date (usually 30, 60 or 90 days), present it in a private meeting, and review each goal against its measure on the end date.","steps":[{"t":"Confirm it is a performance problem","d":"A PIP is for work that falls short of the role's standard. Conduct issues usually go through warnings instead."},{"t":"Write down the gap with evidence","d":"Compare what the role requires with what is happening, using numbers and dates: missed deadlines, error rates, customer complaints."},{"t":"Set two or three measurable goals","d":"Each goal needs a measure both of you can check on the end date. Fewer, clearer goals work better than a long list."},{"t":"Decide the support","d":"Training, shadowing, clearer instructions, fewer competing priorities. Write down what you will provide and when."},{"t":"Pick the length and check-ins","d":"30, 60 or 90 days, with weekly or fortnightly check-ins. Put every check-in in both calendars now."},{"t":"Present it in a private meeting","d":"Explain the gap, walk through each goal, and ask for the employee's view. Give them time to read the plan and respond in writing."},{"t":"Run the check-ins and write them up","d":"After each check-in, send a short written summary of progress against each goal."},{"t":"Close the plan on the end date","d":"Review each goal against its measure and tell the employee the outcome in writing: completed, extended, or further action."}],"documents":[{"slug":"performance-improvement-plan","name":"Performance improvement plan","api_url":"https://interobservers.com/api/v1/templates/performance-improvement-plan.json","page_url":"https://interobservers.com/performance-improvement-plan-template/"},{"slug":"written-warning","name":"Written warning","api_url":"https://interobservers.com/api/v1/templates/written-warning.json","page_url":"https://interobservers.com/desk/templates/written-warning/"}],"rule_keys":["at_will_exceptions"],"sources":[{"name":"EEOC: Retaliation","url":"https://www.eeoc.gov/retaliation"},{"name":"EEOC: Prohibited employment policies and practices","url":"https://www.eeoc.gov/prohibited-employment-policiespractices"},{"name":"SBA: Hire and manage employees","url":"https://www.sba.gov/business-guide/manage-your-business/hire-manage-employees"}]},{"slug":"fire-an-employee","name":"Fire an employee","page_url":"https://interobservers.com/desk/fire-an-employee/","summary":"To fire an employee, review the documentation and your policy, check your state's final-pay rule, prepare the termination letter and final pay, hold a short private meeting where you state the decision clearly, collect company property and close access, and give the employee written information about final pay and benefits.","steps":[{"t":"Review the file","d":"Warnings, the PIP if there was one, and your policy. The reason you give should match what is in the file."},{"t":"Check the timing","d":"Has the employee recently complained about discrimination or harassment, asked for leave or an accommodation, or taken part in an investigation? If so, get advice before you act."},{"t":"Check your state's rules","d":"Pick your state on this page: final-pay timing, payout of unused vacation or PTO, and any notices you have to give."},{"t":"Prepare the documents","d":"Termination letter, final pay (or its date), information about benefits, and the exit checklist."},{"t":"Hold a short, private meeting","d":"State the decision in the first minute. Have a second person present. Do not debate the decision."},{"t":"Collect property and close access","d":"Keys, devices, accounts and codes, ideally at the end of the meeting."},{"t":"Follow up in writing","d":"Final pay on time, benefits information, and the personnel file completed and kept."}],"documents":[{"slug":"termination-letter","name":"Termination letter","api_url":"https://interobservers.com/api/v1/templates/termination-letter.json","page_url":"https://interobservers.com/desk/templates/termination-letter/"},{"slug":"employee-offboarding-checklist","name":"Employee offboarding checklist","api_url":"https://interobservers.com/api/v1/templates/employee-offboarding-checklist.json","page_url":"https://interobservers.com/desk/templates/employee-offboarding-checklist/"}],"rule_keys":["final_pay_fired","pto_payout","separation_notice","service_letter"],"sources":[{"name":"U.S. Department of Labor: Last paycheck","url":"https://www.dol.gov/general/topic/wages/lastpaycheck"},{"name":"U.S. Department of Labor: Termination","url":"https://www.dol.gov/general/topic/termination"},{"name":"U.S. Department of Labor: Continuation of health coverage (COBRA)","url":"https://www.dol.gov/general/topic/health-plans/cobra"},{"name":"U.S. Department of Labor: Unemployment insurance","url":"https://www.dol.gov/general/topic/unemployment-insurance"},{"name":"EEOC: Retaliation","url":"https://www.eeoc.gov/retaliation"},{"name":"EEOC: Prohibited employment policies and practices","url":"https://www.eeoc.gov/prohibited-employment-policiespractices"}]},{"slug":"accept-a-resignation","name":"Accept a resignation","page_url":"https://interobservers.com/desk/accept-a-resignation/","summary":"When an employee resigns, ask for the resignation in writing if you only heard it verbally, reply in writing to confirm the last day, decide whether they work the notice period, check your state's final-pay and PTO payout rules, plan the handover, collect property and close access on the last day, and pay the final paycheck on time.","steps":[{"t":"Get the resignation in writing","d":"If the employee told you in person or by phone, ask them to send a short email or letter with the date they want to leave. It avoids a later dispute about whether they resigned and when."},{"t":"Decide on the last day","d":"Accept the date they proposed, or agree a different one. If you do not want them to work the notice period, decide now whether you will pay it, and check your state's final-pay rule first, because an earlier last day can move the final-pay deadline."},{"t":"Reply in writing","d":"Send a resignation acceptance letter or email within a day or two. It confirms the last day, when final pay arrives, what happens to benefits and what to return. Keep it neutral."},{"t":"Decide on a counteroffer before the conversation","d":"If you want to make one, decide the offer and its limits first. If you do not, say so kindly and move to the handover. Either way, avoid improvising in the meeting."},{"t":"Check your state's rules","d":"Pick your state on this page: when the final paycheck is due after a resignation and whether unused vacation or PTO is paid out."},{"t":"Plan the handover","d":"List open work, clients, passwords and recurring tasks. Agree who takes each one and set short handover sessions before the last day."},{"t":"Tell the team","d":"Agree with the employee what will be said and when. Keep it short: the last day, who covers the work, and a thank you."},{"t":"Hold a short exit interview","d":"Twenty minutes, a few set questions, answers recorded on a form. Ask about the job, the manager and the reasons for leaving, and do not argue with the answers."},{"t":"Close out the last day","d":"Collect keys, devices and badges, close accounts and door codes, confirm the mailing address for tax forms, and pay the final paycheck on the date your state requires."}],"documents":[{"slug":"resignation-acceptance-letter","name":"Resignation acceptance letter","api_url":"https://interobservers.com/api/v1/templates/resignation-acceptance-letter.json","page_url":"https://interobservers.com/desk/templates/resignation-acceptance-letter/"},{"slug":"employee-offboarding-checklist","name":"Employee offboarding checklist","api_url":"https://interobservers.com/api/v1/templates/employee-offboarding-checklist.json","page_url":"https://interobservers.com/desk/templates/employee-offboarding-checklist/"},{"slug":"exit-interview","name":"Exit interview form","api_url":"https://interobservers.com/api/v1/templates/exit-interview.json","page_url":"https://interobservers.com/exit-interview/"}],"rule_keys":["final_pay_quit","pto_payout"],"sources":[{"name":"U.S. Department of Labor: Last paycheck","url":"https://www.dol.gov/general/topic/wages/lastpaycheck"},{"name":"U.S. Department of Labor: Termination (benefits after a job ends)","url":"https://www.dol.gov/general/topic/termination"},{"name":"U.S. Department of Labor: State labor offices","url":"https://www.dol.gov/agencies/whd/state/contacts"},{"name":"EEOC: Recordkeeping requirements","url":"https://www.eeoc.gov/employers/recordkeeping-requirements"}]},{"slug":"no-call-no-show","name":"No call, no show","page_url":"https://interobservers.com/desk/no-call-no-show/","summary":"When an employee is a no call, no show, try to reach them the same day, record the shift missed and every contact attempt, and check your attendance policy. When they return, hear the reason before deciding on discipline. If you cannot reach them for the number of shifts your policy sets, send a job abandonment letter with a date to respond, then follow your state's final-pay rule.","steps":[{"t":"Try to reach them the same day","d":"Call, text and email, and try the emergency contact if you have one. The first question is whether they are safe. Write down each attempt with the time and the channel."},{"t":"Cover the shift","d":"Arrange cover first, then deal with the record. Note who covered and for how long."},{"t":"Record the absence","d":"Date, scheduled shift, what the schedule and time records show, and each attempt to reach the employee. Facts only; no guesses about the reason."},{"t":"Check your attendance policy","d":"What your written policy says about reporting absences, and how many consecutive no-shows it treats as job abandonment. Apply it the same way you have applied it to others."},{"t":"When they come back, hear the reason","d":"A hospital stay, a family emergency or a medical condition changes what comes next. If the absence may involve medical leave or a disability, pause discipline and check your obligations before you act."},{"t":"Document the outcome","d":"If there was no valid reason, a write-up or written warning records the absence, the policy and what is expected next time."},{"t":"If you still cannot reach them","d":"Send a job abandonment letter to their last known address and email: the dates missed, your attempts to reach them, and a date by which to contact you."},{"t":"Close out the employment","d":"If they do not respond by that date, confirm the end of employment in writing, pay the final paycheck on the date your state requires and ask for company property back."}],"documents":[{"slug":"job-abandonment-letter","name":"Job abandonment letter","api_url":"https://interobservers.com/api/v1/templates/job-abandonment-letter.json","page_url":"https://interobservers.com/desk/templates/job-abandonment-letter/"},{"slug":"attendance-policy","name":"Attendance policy","api_url":"https://interobservers.com/api/v1/templates/attendance-policy.json","page_url":"https://interobservers.com/desk/templates/attendance-policy/"}],"rule_keys":["final_pay_fired","at_will_exceptions"],"sources":[{"name":"U.S. Department of Labor: Last paycheck","url":"https://www.dol.gov/general/topic/wages/lastpaycheck"},{"name":"U.S. Department of Labor: Termination","url":"https://www.dol.gov/general/topic/termination"},{"name":"U.S. Department of Labor: Family and Medical Leave Act","url":"https://www.dol.gov/agencies/whd/fmla"},{"name":"U.S. Department of Labor: Unemployment insurance","url":"https://www.dol.gov/general/topic/unemployment-insurance"},{"name":"EEOC: Disability discrimination","url":"https://www.eeoc.gov/disability-discrimination"},{"name":"U.S. Department of Labor: State labor offices","url":"https://www.dol.gov/agencies/whd/state/contacts"}]},{"slug":"hire-your-first-employee","name":"Hire your first employee","page_url":"https://interobservers.com/desk/hire-your-first-employee/","summary":"To hire your first employee, get a free Employer Identification Number (EIN), register with your state for income tax withholding (where it applies) and unemployment insurance, arrange workers' compensation coverage, put the offer in writing, have the employee complete Form I-9 and Form W-4, report the new hire to your state, put up the required posters, and set up payroll that meets your state's minimum wage and payday rules.","steps":[{"t":"Get an Employer Identification Number (EIN)","d":"Apply directly with the IRS; the application is free. You use the EIN on payroll tax filings, on each employee's Form W-2 and on your new hire report."},{"t":"Register with your state as an employer","d":"Open a state unemployment insurance tax account with your state's workforce or labor agency and, in states with an income tax, a withholding account with the state tax agency. The Department of Labor keeps a list of state unemployment tax contacts (linked in the sources)."},{"t":"Arrange workers' compensation coverage","d":"Workers' compensation is run by each state. Check your state's workers' compensation board for who has to be covered and how to get coverage (insurer, state fund or self-insurance, depending on the state)."},{"t":"Check minimum wage and payday rules","d":"Pick your state on this page: the state minimum wage next to the federal one, and how often your state requires you to pay. Set the wage and the pay schedule before you make the offer."},{"t":"Put the offer in writing","d":"An offer letter with the job title, start date, pay rate and schedule, whether the job is hourly or salaried, the supervisor and any conditions such as a background check. Keep it clear about what it is not (a contract for a fixed term) if that is your intent."},{"t":"First day: Form I-9","d":"The employee completes Section 1 of Form I-9 by the first day of work, and you examine their documents and complete Section 2 within the deadline set by USCIS (quoted in the FAQ below, with the source). Keep the completed form in your own records."},{"t":"First day: Form W-4","d":"Ask the employee for a signed Form W-4 when they start, so you know how much federal income tax to withhold. Check whether your state also has its own withholding form."},{"t":"Report the new hire to your state","d":"Send the new hire report to your state's new hire registry by the federal deadline (quoted in the FAQ below, with the source). Many employers send a copy of the Form W-4 or use the state's online form."},{"t":"Put up the required posters","d":"Use the Department of Labor's FirstStep Poster Advisor for federal posters, then check your state labor office for state posters."},{"t":"Set up payroll","d":"Decide who runs payroll (you, an accountant or a payroll service), set the pay schedule, and calendar the federal and state tax deposits and filings. The federal Employer's Tax Guide (Publication 15, linked in the sources) covers federal withholding and deposits."}],"documents":[{"slug":"offer-letter","name":"Job offer letter","api_url":"https://interobservers.com/api/v1/templates/offer-letter.json","page_url":"https://interobservers.com/desk/templates/offer-letter/"},{"slug":"new-hire-paperwork","name":"New hire paperwork checklist","api_url":"https://interobservers.com/api/v1/templates/new-hire-paperwork.json","page_url":"https://interobservers.com/desk/new-hire-paperwork/"},{"slug":"employee-onboarding-checklist","name":"Employee onboarding checklist","api_url":"https://interobservers.com/api/v1/templates/employee-onboarding-checklist.json","page_url":"https://interobservers.com/employee-onboarding-checklist/"}],"rule_keys":["minimum_wage","payday_frequency"],"sources":[{"name":"IRS: Get an employer identification number","url":"https://www.irs.gov/businesses/small-businesses-self-employed/get-an-employer-identification-number"},{"name":"IRS: Hiring employees","url":"https://www.irs.gov/businesses/small-businesses-self-employed/hiring-employees"},{"name":"IRS: About Form W-4, Employee's Withholding Certificate","url":"https://www.irs.gov/forms-pubs/about-form-w-4"},{"name":"IRS: Publication 15, Employer's Tax Guide","url":"https://www.irs.gov/publications/p15"},{"name":"USCIS: Completing Section 1 of Form I-9","url":"https://www.uscis.gov/i-9-central/completing-form-i-9/completing-section-1-employee-information-and-attestation"},{"name":"USCIS: Completing Section 2 of Form I-9","url":"https://www.uscis.gov/i-9-central/completing-form-i-9/completing-section-2-employer-review-and-attestation"},{"name":"Office of Child Support Services (ACF): New hire reporting","url":"https://acf.gov/css/employers/employer-responsibilities/new-hire-reporting"},{"name":"U.S. Department of Labor (ETA): State unemployment insurance tax contacts","url":"https://oui.doleta.gov/unemploy/agencies.asp"},{"name":"U.S. Department of Labor: Workers' compensation","url":"https://www.dol.gov/general/topic/workcomp"},{"name":"U.S. Department of Labor: FirstStep Poster Advisor","url":"https://webapps.dol.gov/elaws/posters.htm"},{"name":"U.S. Department of Labor: State minimum wage laws","url":"https://www.dol.gov/agencies/whd/minimum-wage/state"},{"name":"U.S. Department of Labor: State payday requirements","url":"https://www.dol.gov/agencies/whd/state/payday"},{"name":"SBA: Hire and manage employees","url":"https://www.sba.gov/business-guide/manage-your-business/hire-manage-employees"},{"name":"U.S. Department of Labor: State labor offices","url":"https://www.dol.gov/agencies/whd/state/contacts"}]},{"slug":"what-is-insubordination","name":"Insubordination","page_url":"https://interobservers.com/what-is-insubordination/","summary":"Insubordination is an employee's deliberate refusal to follow a reasonable, lawful instruction from a manager, or openly disrespectful conduct toward a manager that undermines their authority. Disagreeing politely, asking questions, raising a safety concern, talking about pay with coworkers or reporting harassment are usually not insubordination. When it happens, write down the instruction, the refusal and the date, talk to the employee, and record the outcome in a write-up.","steps":[{"t":"Check the instruction","d":"Was it clear, reasonable, within the job and lawful? Did the employee actually receive it?"},{"t":"Check for a protected reason","d":"Was the employee raising a safety concern, reporting harassment or discrimination, or talking about pay or conditions with coworkers? If so, do not treat it as insubordination; get advice first."},{"t":"Write down the facts the same day","d":"The exact instruction, the response, the date, time, place and any witnesses. No labels, just what was said and done."},{"t":"Talk to the employee privately","d":"Repeat the instruction, ask why it was refused and listen. A misunderstanding ends here."},{"t":"Decide the level of discipline","d":"Follow your written policy and what you have done before for similar conduct: a verbal warning, a written warning, or a more serious step for serious conduct."},{"t":"Record it in a write-up","d":"Facts, the policy, the expectation, a review date and the consequence if it happens again. Ask the employee to sign to confirm receipt."}],"documents":[{"slug":"employee-write-up-form","name":"Employee write-up form","api_url":"https://interobservers.com/api/v1/templates/employee-write-up-form.json","page_url":"https://interobservers.com/desk/templates/employee-write-up-form/"},{"slug":"written-warning","name":"Written warning","api_url":"https://interobservers.com/api/v1/templates/written-warning.json","page_url":"https://interobservers.com/desk/templates/written-warning/"}],"rule_keys":["at_will_exceptions"],"sources":[{"name":"EEOC: Retaliation","url":"https://www.eeoc.gov/retaliation"},{"name":"OSHA: File a complaint","url":"https://www.osha.gov/workers/file-complaint"},{"name":"OSHA: Workers' right to refuse dangerous work","url":"https://www.osha.gov/workers/right-to-refuse"},{"name":"U.S. Department of Labor: Memorandum of understanding with the NLRB (summary of the National Labor Relations Act)","url":"https://www.dol.gov/agencies/whd/flsa/national-labor-relations-board-mou"},{"name":"EEOC: Harassment","url":"https://www.eeoc.gov/harassment"},{"name":"EEOC: Recordkeeping requirements","url":"https://www.eeoc.gov/employers/recordkeeping-requirements"}]}]}