One of your employees had a poor performance lately, or their conduct was against the rules and the policies of the company. As an employer, it is your job to document that employee’s behavior or poor performance and to draft a disciplinary form.
There is just one thing missing – your employee’s signature.
This is where things get complicated. In some cases, the employee may refuse to sign the disciplinary form. On the other hand, the employer may threaten to fire the employee if he or she refuses to sign the form, causing more complications and “breaking the law” in a way. Here is how you should deal with the situation following your employee’s poor performance or misconduct.
At the beginning of the disciplinary meeting, try and explain to your employee what is going on. Your employee needs to understand that you will analyze everything that has happened in the previous period (a month, a week, a few days), which lead to the moment.
Be sure to provide your employee with enough time to review the disciplinary form, before you ask for their signature. Once the employee has reviewed everything, he or she will sign the form.
In some cases, the employee may refuse to sign the form. A Los Angeles Employment Law Attorney advise you and every other employer struggling with the same issues to approach the employee with full honesty and to explain to them the situation they are in. If they do not want to sign the form at the end of the meeting, you could ask them to write that they are “refusing to sign” and that they have read the entire thing.
Careful wording is key to dealing with the situation. You have to pay attention to the following two things:
Also, when you approach your employee about the disciplinary meeting and the form itself, you have to choose the words carefully, not to provoke the employee or create confusion.
If you have no idea how to deal with the situation, consider getting legal help. If the attorney is present at the disciplinary meeting, he or she could explain to the employee what their rights are, and help both sides find common ground.
Even if you are an employee who does not agree with the disciplinary meeting, you could consult with Employment Law Attorneys in Los Angeles and see what you can do about it. If there is a way to deal with the situation legally, attorneys will help protect your rights. Be sure to give them a call whenever you are able to.
There is just one thing missing – your employee’s signature.
This is where things get complicated. In some cases, the employee may refuse to sign the disciplinary form. On the other hand, the employer may threaten to fire the employee if he or she refuses to sign the form, causing more complications and “breaking the law” in a way. Here is how you should deal with the situation following your employee’s poor performance or misconduct.
Always Be Upfront!
Be sure to provide your employee with enough time to review the disciplinary form, before you ask for their signature. Once the employee has reviewed everything, he or she will sign the form.
In some cases, the employee may refuse to sign the form. A Los Angeles Employment Law Attorney advise you and every other employer struggling with the same issues to approach the employee with full honesty and to explain to them the situation they are in. If they do not want to sign the form at the end of the meeting, you could ask them to write that they are “refusing to sign” and that they have read the entire thing.
Use “The Right” Words
- The way you craft the disciplinary form
- The way you approach your employee about it
Also, when you approach your employee about the disciplinary meeting and the form itself, you have to choose the words carefully, not to provoke the employee or create confusion.
Legal Help Is Essential
Even if you are an employee who does not agree with the disciplinary meeting, you could consult with Employment Law Attorneys in Los Angeles and see what you can do about it. If there is a way to deal with the situation legally, attorneys will help protect your rights. Be sure to give them a call whenever you are able to.
