A common occurrence, routinely seen amongst employers, is an employee’s refusal to sign workplace policies or warnings. Although employers cannot force an employee to sign the required documentation, this article provides tips and strategies that employers can utilize when an employee refuses to sign workplace policies or warnings. Mandatory Staff Meetings One way to combat an employee’s refusal to sign a company policy is through mandatory staff meetings. Prior to the meeting, employers should publish the agenda, which specifies that an item for discussion will be the distribution and analysis of the new workplace policy. Similarly, a proper attendance log should be maintained so that the employer preserves/retains proof of who was in attendance. When it comes time to discuss the work policy, the manager in charge should distribute the policy to everyone in attendance. The policy should be discussed thoroughly, such that its contents are sufficiently explored. Upon providing sufficient time for employees to review and answer any questions concerning the policy, the employer should distribute copies of the policy acknowledgment form and have its employees sign and acknowledge the document. An individual in a managerial or supervisory position should thereafter collect the acknowledgment form and keep it in the employee’s file for documentation purposes. After the meeting, the employer should publish the minutes of the meeting. Special emphasis should be taken to show that the policy was discussed, individuals in attendance received a copy, and finally, employees were asked to return a signed acknowledgment of receipt. To access the sample acknowledgment form, scan the QR code. https://efte.twc.texas.gov/ acknowledgment_of_receipt_of_employee_handbook.html Computer Acknowledgment Screens Another method to tackle an employee’s refusal to sign the employer’s policy is through publishing the new workplace policy on the employer’s computer login page. The employer should work with their IT department to make sure that the option to click the prompt detailing acknowledgment only appears after the employee scrolls to the end of the new policy. What About Warnings? An employee’s refusal to sign a warning admitting fault can lead to a thorny, and oftentimes, an awkward situation for the employer. One of the most tried and true methods to combat such a situation is by providing two spaces for the acknowledgment of a warning — one which states, “I agree with the reason for the warning” and another, “I disagree with the reason for the warning.” When the employer provides the warning, afford the employee the option to choose and sign either of the two choices. If the employee does so, then they will be unable to make a credible claim that they never saw the warning. Finally, if the employer provides a work-related warning, they should make sure that a company witness is present for the meeting in which the warning is provided. Having a qualified witness will not only suppress any attempted allegation of non-receipt, but the witness’s firsthand testimony at a later unemployment hearing could quash a claimant’s possible claim of alleged signature forgery. The employer should make sure that they give the employee a copy of the warning prior to, or immediately after, the termination of the meeting. For questions about this issue, or any other employment-related matters, employers can call our employer hotline at (800) 832-9394, or email us at employerinfo@twc.texas.gov. Disgruntled Employees How To Handle an Employee’s Refusal to Sign Workplace Policies or Warnings By Jikku John, Legal Counsel to Commissioner Joe Esparza DEALERS’ CHOICE 24
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