They did the hard part: documenting an employee`s poor performance or misconduct, talking to the employee and his supervisor and writing the procedure. One last step and you can all move forward; he only has to sign your report on disciplinary action. But wait! He protests against discipline and refuses to sign. And now? This written statement should ideally be signed and dated by both parties. If the worker refuses to sign and does not submit a rebuttal, it will be more difficult for the employer to prove that the worker has obtained the discipline, she noted. “If the worker chooses to refuse to do so, there would not be much the employer could do to counter that.” 2 Follow-up: Ask the employee to come back to you within a specified time frame (i.e. one week), whether or not they will sign the contract or have other follow-up questions. Be sure to include a time limit so you can resolve this issue in time. Be sure to follow this meeting in writing. This protects the company by showing that you met with the employee to hear their concerns and did everything in your power to help with this document. To ensure that the employment contract is legally binding, the company must ensure that it is signed on behalf of the company. The employer can ask the employee to write on the form, “I disagree,” and to sign the date that, noted Robin Shea, a lawyer at Constangy, Brooks, Smith and Prophete in Winston-Salem, N.C.
But it rarely works, she added. Employees are more likely to sign disciplinaryly, who specify directly above the signature line that they do not agree with the warning, and by signing, they only recognize that they receive and verify the documents, said Kristin Gray, a lawyer at FordHarrison in Spartanburg, S.C. Instead of insisting on a signature, HR professionals should encourage employees to file a written rebuttal, Shea said. Add the rebuttal of the disciplinary form. For more information on contracts and written statements, click here. Some employees may think that this approach is a wise way to keep the excitement on the right, but it necessarily does. A worker explicitly accepts the terms of employment when he signs and returns a copy to the employer, but if he has not, there is a legal principle of tacit acceptance when the worker continues to work and does not file a complaint.