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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18788
Experience:  Employment/Labor Law Litigation
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Does an employer have to give 3 warnings before discharging

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Does an employer have to give 3 warnings before discharging a employee for misconduct?
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

There is no legal requirement under any statute or legislation that says that an employer has to given even one warning before terminating someone for misconduct.

There are only two situations where warnings may be required.

First, if the employer is trying to block that person's unemployment as well as fire them, then warnings would help make the case to block the unemployment, but warnings are unnecessary for the termination itself.

Second, if the employer has some sort of contract with its employees where it imposes on itself a requirement to give three warnings, then the employer would be bound by that contract.
Customer: replied 3 years ago.

After showing plenty of evidence in a hearing for unemployment, the judge ruled against me and stated that "the employer did not assert that the verbal warning given the claimant in an way served to notify the claimant that his job was at risk.". He awarded the claimant the case stating he was terminated due to a lack of work. He also rejected my evidence that showed our abundance of work (invoices and contracts). Is asking for a new judge for the appeal ok to do?

You can certainly ask for a new judge, but the judges tend to follow the same line on these issues.

Terminating someone for misconduct is hard. Particularly when the issue is not obvious misconduct like using drugs on the work site, assaulting someone in the workplace, etc.

So, as I said, for purposes of trying to block someone's unemployment, the employer has to do much more to establish misconduct than they do simply to terminate the employee. While your termination was perfectly legal, there is a higher threshold to block unemployment.
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