Copy of unsigned warning

Yeseniayf

I suspended an employee last Thursday and he refused to sign the warning at that time. He wanted a copy of it, but I told him he could not have one, since he didn't sign the documemt.

Now that he returned, 4 days later, he told me he would like to sign the warning and have a copy.

What is my obligation to this? Do I have to let him sign it and get a copy of it, now after the fact? I don't think I should, but what is the legal requirement?

I heard that he called the Labor Board and I am assuming that is probably why he now wants this. I guess if they want a copy of it in the future, they can request it and I'll give it to them.

What do you recommend or what have you done in similar situations?

sonny

What I have done historically is when an ee will not sign, I wrote right on the warning "Employee declined to sign" Initialed and dated it with, preferably, a witness. Am not sure what I would do after the fact, maybe the same thing with "On / /02, Joe declined to sign" and give him his copy. Don't think I would allow him to sign now.

Theresa Gegen TX

I am not sure if California is one of the state's that allows employees to have copies of things in their personnel file, but this is clearly a question of state law. There is no federal law that requires you to give him a copy of his warning.

I would question, though, why you would not want the employee to have a copy of his written warning. What is the harm? I suspect that the warning tells him what he did wrong and what he needs to do in the future to improve. If so, having a copy in writing will allow him to refer to it and make his conduct conform to the expectations.

If you are worried that there is something that an attorney could make out of the warning as far as some wrongful employment action (believe me, we attorneys are tricky that way), you may want to have your attorney review it.

Good Luck!

Whatever

What I put down is "Employee refused to sign that they have received the warning. Warning was given to ee in the presence of _______" I then sign and date and give a copy to the ee. Since the ee knows they got the warning, what is the big secret?

Lori B

Agree totally. I think a disgruntled ee can make a lot more noise without it. Attorneys have more fun with the angle of "gee, poor Bob asked for a copy of the warning, and they wouldn't even give it to him...why is that? What suddenly changed? Did the employer add to it after the fact?" Inferences abound....

Hatchetman

Give him a copy of the warning.

When an employee refuses to sign the warning indicating that he or she has received a copy of it, explain to the employee that he or she does have that right and you understand that the employee does not wish to acknowledge in writing receipt of the warning, and that's okay. "So, then I need you to write that on the document....'I refuse to sign the acknowledgement that I received a copy of this warning memo, signed and dated:_________________________'." I'm sure at that point many employees will write and/or sign that without a second thought.