HR topics · How to write up an employee by state

How to write up an employee in New York

No New York law prescribes the form of a write-up, but New York requires written notice if discipline ends in a termination.

What should a write-up include?

Common practice is the date of each incident, what happened in factual terms (what was seen or measured, not opinions), the policy or expectation involved, what needs to change and by when, what may happen if it continues, a place for the employee's comments, and an acknowledgment line. Our free Write-Up Builder follows four levels: conversational coaching, a verbal (documented) warning, a performance improvement plan and a final written warning.

Should a write-up mention anything positive?

Many managers include a few genuine strengths. It shows the review is balanced and helps the employee see what to keep doing. Our builder asks for three.

What if the write-up leads to a firing in New York?

Within five working days after a termination, the employer must give written notice of the exact termination date and the exact date benefits will be cancelled (Labor Law 195(6)). Final pay is due by the regular payday. See the final paycheck page.

General information, AI-prepared and checked against the official sources listed, not legal advice. Laws change, and cities, contracts and union agreements can add rules. Last reviewed October 2026. How answers are made