Burr & Forman

01.16.2019   |   Articles / Publications

Burr’s Nina Maja Bergmar Featured in Society for Human Resource Management

In an article published in Society for Human Resource Management on December 12, Nina Maja Bergmar discusses the use of written warnings and how to make them less disciplinary, and more productive.

Bergmar emphasizes the importance of including all available information surrounding the employee’s misstep. “Since courts give more weight to contemporaneous accounts of what happened than subsequent explanations articulated during litigation, it is key to include as much information as possible,” she states.

Another crucial note is to give the real reason for the warning, not a softer reason that comes off as less confrontational. For example, the employer might say “personality fit” is the problem, rather than “threatened co-workers,” Bergmar noted.

Additional ways to improve written warnings consist of connecting the employee’s conduct to the company’s policies, avoid unneeded commentary, avoid legal conclusions and to ask a union representative to be present when the employee is given the warning.

For the full article, you may click here.

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