Can we discipline employees who refuse to sign warnings? 04-09-2009

Whenever our assembly plant experiences a quality problem, we have a meeting with the employees and show them what the issue is. We also post a quality alert on their kiosk for continual reference. We have them sign the posting to acknowledge that they are aware of the problem. Some employees refuse stating that it does not affect them.

Can we discipline the employees that refuse to sign?

Ann Kiernan replies:

You are not alone. Many managers find it is more difficult to get the employee to sign warnings than anything else in the performance management process. Naturally, you want employees to sign it so you can prove they saw it. If they refuse to sign, you can ask them, "Have you read this warning?" When the employee says, "Yes," you should write on the warning form, "Employee X has read but refuses to sign," and sign off. Be sure to tell them something like: "Your signature is not necessary for the terms of this warning to be effective. You are expected to abide by all of our policies and procedures."

Firing employees for insubordination because they refuse to sign warnings with which they disagree has been held by at least one state supreme court to be wrongful termination. Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668 (W. Va. 2002) And, since you work in a union shop, you should check what the collective bargaining agreement says about warnings and discipline.

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