My company looks to write people up because they fight all claims my question is what do I do if written up sign or don’t sign
Whether you sign or do not sign a written warning should be dictated by the form. Somewhere on the form it should state what signing it means.
If you want to cut to the chase .. ask the employer if signing the form means you agree with what is stated on it or if you may attach a statement disagreeing which will be added to your personnel file because if you are being warned and you disagree, nothing should go unanswered.
You can also look to your employee handbook. Refusing to sign might be grounds for immediate termination for insubordination.
In either case, I believe that when you disagree with a written warning it is your responsibility to counter document your disagreement. The goal should be to have the employer attach your documentation to the warning.
Of course your disagreement needs to be legitimate.
There is nothing sadder than an unemployment claimant who was passive at the time they were being warned, not being able to “prove” a legitimate reason for disagreement which calls for the employer’s contention of misconduct to be scrutinized.
Let’s take for example someone written up for attendance, but the absence was due to a health issue .. maybe a child being sick. You need to state either on the written warning itself or through a written statement your reasons for disagreeing.
Email is perfect for when the employer says you can’t comment right on the form or says you can’t add anything to disagree with them.
When I say counter document .. I mean find a way to put your disagreement into your personnel file and/or makes you able to keep a record for your own file which can prove the employer was made aware and that will add weight to your testimony when asked by the state I”f you thought it was unfair .. why didn’t you talk to the employer about it?”
This is not rocket science .. this is common sense and it is how we may be able to win.
What if the issue is performance?
If you have a list of reasons which explain why the performance issues are not your fault, but due to uncontrollable factors or lack of training, unreasonable change in quotas, etc. Document it.
What if you believe your manager is issuing disciplines out of dislike or spite?
Document your well founded beliefs. Make notes so you can recall ..
I cannot express strongly enough that YOU MUST be aware of the rules you are employed under If you have lost yours or buried it somewhere, find it.
It is these rules and documented written warnings which create the scenario for being denied benefits due to misconduct. Counter documenting is your attempt to cover your ass from such a scenario.
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