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| *Ostroff, Fair and Company>>>Law & Legal |
Can your employer MAKE you sign a form? |
I was recently reprimanded for something i do not feel i am guilty of. on the form given to me it says: "I have recently received a copy of this notification. It has been discussed with me & i have been advised to take time to consider it before i sign. I've freely chosen to agree with it, and accept full responsibility for my actions. By signing this i commit to the company's standards of performance and conduct." this seems a bit illegal to me. i have no idea what would happen if i do NOT sign it. it says nothing in the handbook with that wording about taking full responsibility. if you know labor law PLEASE HELP! THANKS! while not being wholly illegal it is a bit on the dodgy side your employer can ask you to sign certain forms and declarations on certain matters IE health and safety he cannot make you sign a warning if you feel it is unfair ask for a meeting with your boss and take a fellow worker in with you this is your right. if still not happy you can still refuse to sign the warning or state that you are signing under duress and make a note to that fact on the warning i hope this helps They can't "make" you sign it. But you can't "make" them keep you as an employee. I tried this once, they just stopped putting me on the schedule until I signed it. you can sign it and submit to their punishment or not sign it - possibly get fired try striking out the parts you disagree with and see if they accept it. If it was me, I might strike the "I've freely chosen to agree with it" part since it seems like its saying you agree with what was described in the notification, rather than just that you received notification. Where I work, you just sign that you received notice, not that you agree with what is in the notice. Legally, they can't "make" you sign it. If they fire you for not signing, sue them for illegal and unfair practices. Time to seek legal advice from a lawyer.... It's not illegal for them to ask you to sign it. It MAY be unlawful to terminate you for simply refusing. Asking an employee to sign a reprimand form is pretty standard procedure. It merely acknowledges that the employee understands what the form represents and that, guilty or not, the employee agrees to comply with company standards in the future. It is not an admission of guilt. Merely an acknowledgement that the subject was covered and understood. They need this to show that if violations occur in the future, the employer can show that the employee was warned. This is similar to the police asking that a driver sign a traffic citation. It is not an admission of guilt, but a promise to appear in court if the fine is not paid. In a company situation, the usual routine, if an employee refuses to sign a "written warning," is that another supervisor or manager is called in to "witness" that the employee refuses to sign. The witness then signs, acknowledging that the employee refuses to sign, but has recieved the information and understands it. In your case, you should be allowed to to take your concerns to a next higher level of management, if you are absolutely sure you are not "guilty." Just don't do this if the only problem you have is with not signing. You won't get any sympathy for it. They CAN make you sign it, and fire you if you don't. How can it be illegal? Think for a minute,huh? All you're doing is agreeing to follow their rules. YOU may not think you're guilty, but your boss does and thats what matters. |
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