Notice to Explain: What It Is and Why It Matters

When an employee is suspected of violating company policies, the employer doesn’t just jump to conclusions. Instead, they issue a notice to explain—a formal document that demands the employee’s side of the story. This step is crucial in maintaining fairness and due process in the workplace. In fact, the notice to explain is often the first official step before any disciplinary action, including termination, especially in cases such as absences without leave (AWOL).

What Is a Notice to Explain?

A notice to explain (NTE) is a written communication from an employer to an employee who is alleged to have committed a violation of company rules or policies. It outlines the specific charges or allegations and requests the employee to provide a written explanation within a specified period. This document serves as a formal opportunity for the employee to respond before any disciplinary measures are taken.

The purpose is simple yet powerful: to uphold the principle of fairness by allowing the employee to be heard. It reflects the legal doctrine of audi alteram partem—“listen to the other side”—which is fundamental in labor law.

When Is a Notice to Explain Issued?

Employers issue a notice to explain in various situations, including but not limited to:

• Unauthorized absences or AWOL

• Tardiness or habitual lateness

• Violation of workplace policies

• Misconduct or insubordination

For example, if an employee fails to report to work without any notice—commonly referred to as AWOL—the employer must issue a notice to explain before proceeding with termination or other sanctions.

How to Respond to a Notice to Explain

Receiving a notice to explain can be stressful, but it’s your chance to clarify the situation. Here’s how to handle it professionally:

• Read carefully: Understand the allegations and the deadline for your response.

• Be honest and clear: Provide a straightforward explanation, including any evidence or reasons for your actions.

• Stick to the facts: Avoid emotional language or excuses; focus on the facts and any mitigating circumstances.

• Submit on time: Meeting the deadline is crucial to avoid negative assumptions.

Responding thoughtfully can sometimes prevent escalation and demonstrate your willingness to cooperate.

Why Is the Notice to Explain Important?

The notice to explain is not just a formality—it’s a safeguard for both employer and employee. For employers, it ensures that disciplinary actions are justified and documented. For employees, it guarantees the right to be heard and to defend themselves against accusations.

Skipping this step or issuing a vague notice can lead to legal challenges and claims of unfair dismissal. Hence, employers must ensure the notice clearly states the charges and allows reasonable time for response.

The Link Between Notice to Explain and AWOL

AWOL cases highlight the critical role of the notice to explain. When an employee is absent without official leave, the employer must first issue a notice to explain to understand the reasons behind the absence. Only after the employee’s explanation is reviewed can the employer decide on appropriate action, which may include termination if the absence is unjustified.

For a detailed guide on termination due to AWOL, tardiness, or abandonment, you can visit this resource: notice to explain.

Final Thoughts

The notice to explain is a cornerstone of fair labor practices. It balances the employer’s need to enforce rules with the employee’s right to due process. If you’re an employee facing a notice to explain, take it seriously and respond promptly. If you’re an employer, ensure your notices are clear, precise, and respectful to avoid unnecessary disputes.