Can Verbal Warnings Be Used as Legal Evidence in Mexico’s Labor Courts?
When managing underperforming or disruptive employees in Mexico, many employers start with a verbal warning. But when the situation escalates to termination or litigation, one question often arises: Can verbal warnings actually be used as legal evidence in Mexican labor courts?
This article explores what Mexican labor law says about verbal disciplinary actions, when (and how) they hold up in court, and what employers must do to protect themselves from wrongful termination claims.
⚖️ What Does the Law Say About Verbal Warnings?
Mexico’s Federal Labor Law (Ley Federal del Trabajo) recognizes the employer’s right to discipline employees for violations of internal policies or misconduct. However, the burden of proof always falls on the employer in the event of a dispute.
Verbal warnings are not prohibited, but they have very limited legal weight because:
- They are not documented
- There is no employee acknowledgment
- They can be easily denied or contested
📌 Bottom line: A verbal warning alone is unlikely to hold up as legal proof in labor court.
📚 What Kind of Evidence Is Valid in Labor Disputes?
According to Mexican labor practice, courts typically accept the following as valid evidence:
- Written warnings or reprimands with employee signatures
- Internal policies or codes of conduct formally acknowledged
- Employee evaluations or performance records
- Witness statements (from supervisors or coworkers)
- Digital communications (e.g., emails, messaging apps—if authenticated)
Verbal warnings may be referenced as part of a disciplinary history, but they cannot serve as primary justification for termination.
📝 Can You "Document" a Verbal Warning?
Yes. While verbal warnings themselves are informal, employers can create a written record immediately after issuing them. This document can include:
- The date, time, and nature of the warning
- The behavior or incident that triggered it
- The supervisor’s name
- Notes that the warning was delivered verbally
- Ideally, signatures from both the manager and a witness
Although this is still weaker than a signed written warning, it can help establish a consistent pattern of due process, which courts consider favorably.
💼 What Happens If You Fire an Employee Without Written Warnings?
If an employee is terminated for cause (despido justificado) without proper documentation, the labor courts may:
- Declare the dismissal unjustified
- Order full compensation (up to 90 days’ salary + 20 days per year worked + back wages)
- Reinstatement if the employee requests it
- Fine the employer for procedural violations
Even one missing signature or undocumented warning can shift the legal outcome in favor of the employee.
✅ Best Practices for Legally Compliant Disciplinary Actions
To protect your company in Mexico:
- Issue written warnings — with clear, specific descriptions of the misconduct.
- Obtain employee acknowledgment — with signature and date.
- Follow internal disciplinary procedures — aligned with your Reglamento Interior de Trabajo.
- Escalate progressively — from verbal to written to final warnings before termination.
- Document everything — including meetings, counseling sessions, and informal conversations.
🧠 Final Thoughts
Verbal warnings in Mexico are a useful managerial tool, but they offer almost no legal protection unless they are properly documented and supported by written records. In a labor court, evidence is everything—and documentation is your best defense.
If your company regularly issues informal warnings, now is the time to formalize your disciplinary process with the help of HR specialists or a local EOR (Employer of Record).
