They expect an employer to take employment termination seriously too. They expect an employer rarely to fire an employee for performance reasons without first warning him or her and giving the employee a chance to improve. Therefore, the use of written warning forms can be an important defensive strategy for employers. Of course, this defensive strategy can backfire if an employer uses these forms inconsistently or issues them disproportionately to minorities and women. It is a good idea from time to time to perform an adverse impact analysis on the issuance of written warning forms to see if the forms are being issued primarily to persons in protected categories based on gender, race, age, disability, etc.
Some supervisors are uncomfortable with the confrontation involved in using written warning forms.
In a best case scenario, the consistent use of warning forms may even allow an employer to avoid a jury altogether. Even if the suit is filed, the use of warning forms may short circuit it by allowing the employer to obtain a summary judgment.