Photo from Unsplash
So you’ve tried everything to motivate the employee to better performance, but the situation hasn’t improved.
You’re not alone. The most common reasons to have an employee disciplinary meeting:
- Misconduct
- Poor performance
- Poor attendance or unauthorized absence
- Poor timekeeping
- Misuse of e-mail, Internet, or social media.
You know how important how disciplinary documentation is. You’ve carefully prepared your documentation.
But based on the situation, you now anticipate the difficult employee will refuse to sign a disciplinary memo? What can you do now?
Prepare a section indicating a refusal to sign
Protect your organization by adding a simple sentence indicating the employee refused to sign the document.
Make sure another manager or HR employee will be present as a witness. If the employee refuses to acknowledge it, have your associate initial the document.
HR: Avoid Bias in Evaluating Top Employees Who Backslide
Include an opportunity for written employee rebuttal
Anticipate having to povide an extra blank sheet of paper for the employee to write a rebuttal. In this way, the employee has a chance for rebuttal and is proof the person received the document.
This ensures the document stays intact. You might need it later for legal action.
Questions to Ask Your Employee in a Disciplinary Meeting
Carefully explain what a signature means
It’s a simple acknowledgement of receiving and understanding the document. By signing it doesn’t mean the employee agrees with the findings and admits guilty behavior.
Explain to the employee the ramifications of not signing
The employer must have a clearly written policy regarding the signing of disciplinary memos. If the policy states that refusing to sign is insubordination, and management informs the employee of this, a refusal can be grounds for termination, especially in “at-will” employment states.
The nature of the refusal depends on factors
- A calm refusal isn’t usually considered to be disrespectful.
- Refusing to sign in front of other employees, or doing so in a way that publicly undermines the manager’s authority, is more likely to be considered insubordination.
- It is not considered insubordination if an employee refuses to sign a document that is illegal, unsafe, unethical, or violates a union contract or public policy.
- Most companies do not consider it insubordination if an employee refuses to sign because they disagree with the memo’s content, provided the refusal is voiced professionally. In these cases, the employer can simply document the refusal and proceed with the disciplinary action.
- A refusal based on a misunderstanding of what the signature means is less likely to be considered willful defiance. A manager or HR representative should always clarify that signing only acknowledges receipt and not agreement.
- If the employee tears up the memo in front of other colleagues, this behavior could be interpreted as insubordination because it is a public, disrespectful challenge to authority.
- If the employee calmly states something like this: “I respectfully decline to sign because I disagree with the facts presented.” The employee then offers to submit a written rebuttal. In this case, the employee is not being insubordinate. The manager can note the refusal on the memo, have a witness sign, and attach the employee’s written statement to the file.
Conclusion
Clearly state what the signature represents — e.g., “by signing, you acknowledge receipt only.” Allow the employee an opportunity to write their own comments or rebuttal. Bring in an HR representative or another manager as a witness if the employee refuses to sign. Document the refusal and move forward with the intended disciplinary action.
Good luck.
From the Coach’s Corner, here are related strategies:
Tips to Prevent or Eliminate Employee Toxicity — From time to time, nearly every boss has to cope with an employee’s negativity. That’s annoying enough, but you’ve got a nightmare if toxic attitudes spread among the rest of your workers. Here are solutions.
HR Checklist to Update Your Employee Handbook — You should review your employee handbook every six months and update it when necessary. Between reviews if you suspect change is needed, don’t hesitate to review it and make appropriate changes.
Management: Coach Your Employees to Better Performance — In talent management, coaching, counseling and giving feedback is of utmost importance. But it’s a difficult challenge if you don’t have a coaching culture.
Before You Fire Employees, Ask Yourself 3 Important Questions — Keep in mind that if you’re forced to terminate workers, there are normally three questions to ask yourself.
If it’s Necessary to Fire Employee on FMLA, Here’s How … — Despite what might you have been told, you can discharge an employee while on leave for cause under the Family and Medical Leave Act. If you feel you must terminate such an employee, here are the guidelines.
“Discipline is the bridge between goals and accomplishment.”
-Jim Rohn
__________
