Refusal to Certify (Sign) Receipt of Harassment Prevention Policy

Jackie

Our company issued a Harassment Prevention policy 2 years ago. I presented it to all employees, and the employees were required to certify they had received the policy and understood it by signing the form. At the presentation, I required the employees to sign an attendance sheet.

Several of our prominent union people (including officers) refused to sign because they felt it could be used against them later. I was new to HR management with little training at the time. I was advised if employees didn't sign, they should be cited for insubordination and possibly fired. This seemed extreme. Since I had the signed attendance sheets, I felt I had proof it had been presented to them, so I took no action.

I feel it is important to review this material with the employees this year and have them certify they have received the policy and understand it by signing the same form. This time, I will proceed with a formal warning to employees who refuse to sign (after making sure they fully understand the policy and that it is the law) and that record will remain in their files. (I do not intend to terminate anyone.)

Would you do differently or recommend the extreme action for not signing?

Don D

We have a union also. We frequently re-issue policy statements and new policies and procedures. Unions are typically bull-headed about signing ANYTHING. Don't waste your time with trying to charge insubordination for not signing something. They frequently won't sign disciplinary documents, acknowledgements of policy receipt or re-issues. Either simply add their name to the list or put the unsigned document in their file along with your 'refused to sign' statement, your signature and the signature of another manager. Some people will simply never buy the explanation that 'your signature does not indicate your approval or agreement'. On the other hand, if your work instructions require that the employee sign a work order or sign off on a process sheet or report and they refuse to follow that procedural requirement, THAT IS INSUBORDINATION and refusal to follow standard work instructions and should be disciplined accordingly.

njjel

Agreed. In addition, you should be conducting sexual harassment training for both management and staff annually if not semi annually. If you have them sign attendance sheets for those sessions, you are pretty well covered.

moneyman

I was at a seminar and the leader had suggestions for these situations. He suggested (and he said amazingly enough it has worked), that you should flip the acknowledgement over, and write "I refuse to sign this document/policy" and have them sign THAT statement. In doing that, some people think that they are getting away with not acknowleding that they have seen/accepted the policy. Having that same paper with the refusal signed is just about as good as having the front acknoledgement signed.

I haven't ever had the problem of any refusing to sign any policy, but I can see where you might catch a few people.

System

That's really clever, Moneyman!

Jackie: I wouldn't turn this into a discliplinary issue, which could grow into a grievance and into an NLRB complaint. It's just not worth it.

The first thing I'd do is eliminate the attendance sheets. Then the verification form would also serve as proof of attendance. Tell the employee that he needs written proof (a) that he deserves to get paid for that hour and (b) that he completed a mandatory requirement of his job. If he won't sign, then he'll have to hang around until you can get signatures from two people (like HR, managers, or union reps) who can verify his attendance and receipt of the policy.

And you might want to ask your lawyer if the verification form can be rephrased to address the employees' objections.
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James Sokolowski
Senior Editor
M. Lee Smith Publishers

Rockie

I get employees to sign in at any training that is conducted so I will know that they did attend the training. If they refuse to sign an acknowledgment or just ignore it, I place it in their personnel files, along with "refused to sign" statement. Always keep the sign in sheet though just in case something comes up. You can always prove they did receive the training.