How to write up an employee (the right way, in your state)
InterObservers editorial team Reviewed Sep 27, 2026 Rules cited to official state sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
The short answer
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.
What counts as insubordination?
A performance problem, not conduct? Performance review template for any job
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The steps, what to say in the meeting, the mistakes that make a write-up fall apart later, and the three warning documents, ready to fill in.
Steps
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What to say
A short meeting works better than a long one. These lines are a starting point; say them in your own words.
What to leave out
- Comments about personality or attitude without an example
- Comparisons with named colleagues
- Anything about age, race, sex, religion, disability, pregnancy, national origin or other protected characteristics
- Threats you are not prepared to carry out
5 common mistakes
- Writing opinions instead of facts. 'Bad attitude' cannot be checked. 'Arrived 40 minutes late on March 3 and March 10' can.
- Treating the same issue differently. If one employee gets a verbal warning and another gets a final warning for the same thing, the file shows it.
- No expectation or review date. Without them, the employee cannot know what 'fixed' looks like, and neither can you.
- Writing it up weeks later. A warning about an old incident, raised for the first time, reads like building a case rather than managing.
- Disciplining right after a complaint. If the employee recently complained about discrimination or harassment, or took part in an investigation, check the timing carefully and document the performance reasons. The EEOC's retaliation page lists a reprimand or a lower evaluation among the actions that can count as retaliation, depending on the facts.
Rules that matter in your state
At-will employment and its exceptionsChoose your stateRules with official sources
Choose your state above to see the rule we have verified, or check it with your state labor office.
Service lettersChoose your stateRules with official sources
Choose your state above to see the rule we have verified, or check it with your state labor office.
- At-will employment and its exceptions. Whether employment can end without a stated reason, and the exceptions your state recognises.
- Service letters. Some states require a letter stating the reason for separation if the employee asks for one, so your write-ups should match what you would put in it.
Every state's rule, side by side, is in the state rulebooks.
Questions people ask
How many write-ups before termination?
There is no fixed number. A common progressive discipline sequence is a verbal warning, a written warning and a final written warning before termination, but your own policy sets the steps, and serious misconduct can skip them if the policy allows.
Do you have to write someone up before firing them?
In most states there is no general requirement to give a written warning first, but contracts, union agreements, your own handbook and state exceptions can change that. Pick your state on this page to see what we have verified, with the source.
Can you write up an employee without a verbal warning first?
Many policies allow a written warning straight away for more serious issues. What matters is following your own written policy and treating the same issue the same way for everyone.
What if the employee refuses to sign the write-up?
Write 'employee declined to sign' with the date and ask the witness to sign. The warning is still a record that the conversation happened.
What should a write-up include?
The date, the employee and manager, what happened with dates and facts, the policy or expectation involved, what needs to change, a review date, the possible consequence, and space for the employee’s comments and signature.
Should a second manager be in the write-up meeting?
It is common to have a second manager or HR person present as a witness, especially if the employee may dispute what was said or decline to sign. Keep the group small; the meeting is not a hearing.
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error