Title VII Civil Rights Act 1964: Federal law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must ensure the final warning isn't discriminatory in nature.
Americans with Disabilities Act (ADA): Federal law protecting individuals with disabilities from discrimination in the workplace. Warning must consider any reasonable accommodations.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination. Warning must not show bias based on age.
National Labor Relations Act: Federal law governing union relations. Must be considered if employee is unionized, including potential union representation rights.
Fair Labor Standards Act (FLSA): Federal law establishing wage, overtime, and employment standards. Relevant if warning involves work hours or compensation issues.
State Employment Laws: Specific state labor and employment discrimination laws that may provide additional protections beyond federal law.
Company Policies: Internal progressive discipline policies, employee handbook provisions, and collective bargaining agreements that must be followed.
Documentation Requirements: Previous warnings, performance improvement plans, and incident records needed to support the final warning.
Due Process Considerations: Requirements for proper notice, specific examples, clear expectations, and consequences for non-compliance.
At-Will Employment Doctrine: State-specific employment at-will provisions and ensuring the warning doesn't create an implied contract.
