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Signing a written warning

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Signing a written warning Empty Signing a written warning

Post  ZealandandKingsley Mon Sep 08, 2008 11:01 pm

Should I sign a "final written warning" when I don't have any other warnings on my file, and I am innocent? Do I have the right to not sign? If I sign, is that saying I am guilty? TIA

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Post  JoeC (McGruff) Mon Sep 08, 2008 11:37 pm

If the final warning is the one that terminates you I would not sign it. It could raise an issue when you file for unemployment.
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Post  ZealandandKingsley Mon Sep 08, 2008 11:46 pm

No, it's the last one before automatic termination. BUT I don't have the verbal or 2 written warnings, my company says it needs before the last and final. So they are skipping all warnings....I think this could be a ploy to have a way to fire me for any reason after this is in my file.

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Post  JoeC (McGruff) Tue Sep 09, 2008 12:14 am

If they are going to definitely fire you I would not sign it.
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Post  ZealandandKingsley Tue Sep 09, 2008 12:23 am

Ok....no it does not mean they are going to fire me. My company manual says you get a verbal and 3 written then terminated.
So I have none of these and they are skipping to the last written before termination....meaning if they "catch" me doing anything else, they will fire me. I think it's pretty safe to say I'm a good employee as I have nothing on my file in 3 years. And I guess in GA, they could fire me anyway for anything....so it really doesn't matter in the long run:( Would the HR guru on here know if I HAD to sign it...or if it was OK for them to go straight to a final warning?

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Post  JoeC (McGruff) Tue Sep 09, 2008 12:28 am

I am sure the H.R guru will be by later.
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Post  ZealandandKingsley Tue Sep 09, 2008 12:50 am

Wink

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Post  rdm4416 Tue Sep 09, 2008 2:48 am

Signing the warning is not an admission of guilt, unless of course it states, "By signing this you are admitting to...blah, blah, blah". Which it probably doesn't. You do not have to sign the write-up. The supervisor can write, Employer Refused to Sign. The only reason for the signing is to show it was discussed between you and the supervisor. I don't know what you were written up for, but to go straight to the written warning doesn't sound promising. Sign it and correct your past actions and you shouldn't have anything to worry about.

If you feel anything is incorrect, state this when you discuss the written warning with the supervisor. Hope this helps!
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Post  ZealandandKingsley Tue Sep 09, 2008 2:57 am

Thanks.....My issue with the warning is that it is not justified. I had posted a few days back about it and I am being used as a scapegoat. But with me also being pregnant, I just wanted to double check that they "could" do this because obviously, if I do ANYTHING from here on out, it voids me having a job which voids my insurance/disability/FMLA!!! If they are going to go to such extremes as they already have, I have no clue what they are capable of in the near future.

I didn't know signing was just a recognition but maybe I will just not sign as if to say I dont agree with they warning or the punishment.

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Post  bears00 Tue Sep 09, 2008 1:59 pm

I am an HR manager. My advice on whether or not to sign it rests on whether or not there is a place to put comments. If there is a place to write comments, you should CATEGORICALLY DENY the allegations against you. If there isn't a place for comments, don't sign it.

I wouldn't clue them in that you think that it's retaliation/discrimination.

............and out of curiosity, what kinds of harsh things did you say about this other person that would compel them to give you a FINAL WARNING?
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Post  Guest Tue Sep 16, 2008 12:54 am

When I received a written warning and they asked me to sign it, I wrote 'I have read, but do not agree' and then signed it. Our employee manual says that an employee does not have to sign.

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Post  Eric Tue Sep 16, 2008 2:28 am

ZealandandKingsley wrote:Should I sign a "final written warning" when I don't have any other warnings on my file, and I am innocent? Do I have the right to not sign? If I sign, is that saying I am guilty? TIA

Not only would I not sign a final written warning, I would write a rebuttal stating your side of the story.

I hope by writing the rebuttal you don’t essentially end your employment, although chances are that you won't be there very long anyway.

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Post  Mr. Pink Tue Sep 16, 2008 2:40 am

Eric wrote:
ZealandandKingsley wrote:Should I sign a "final written warning" when I don't have any other warnings on my file, and I am innocent? Do I have the right to not sign? If I sign, is that saying I am guilty? TIA

Not only would I not sign a final written warning, I would write a rebuttal stating your side of the story.

I hope by writing the rebuttal you don’t essentially end your employment, although chances are that you won't be there very long anyway.

Eric

*PLEASE NOTE THAT THIS IS NOT LEGAL ADVICE*

If you are going to write a rebuttal, I'm not sure why you would not sign the document. As stated above, the reason most employers want an employee to sign a disciplinary notice is to be able to show that the employee received the notice -- thus limiting the employee's ability to claim ignorance of the warning at some time in the future. By writing the rebuttal, you are doing the same thing.

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Post  happyunionmember Tue Sep 30, 2008 7:08 pm

I agree with pink that the end result is you not doing whatever is on the writeup again, and I figure you won't, but I was asked to sign one once, and they said I didn't have to, I did, but I put a written statement that would also go into my file, that stated what I was accused of was untrue, my side of the story, and that was that. I worked for the company for years after that. Oh, I did ask for a copy before I left the office, of the report, and my note. This way, if I did ever ask for UI, I could at least produce something to defend myself, if that was the reason given to the UI department for not getting my unemployment benefits. This is not legal advice, just a little extra something that tells yourself and your boss that you are respectfully doing as they ask but not being bent into submission of guilt just because the paper said you were guilty. I am also curious as to what was said/done to piss someone off that bad to go straight to a final warning? Do you mind letting us know?

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Post  charlikscott Tue Oct 28, 2008 12:47 am

this may be a little late in the game but I agree that unless there is a statement saying "by signing I admit I am guilty" you can probably sign with no issues. Almost every company I have worked for has employees sign under a statement "My signature acknowledges that I have received a copy of this document and does not signify agreement or disagreement with the contents" or something to that effect. It seems that the companies want a record that they followed prescribed steps, likely to negate any implied contract via handbook claims.

At the same time, I would go the next step up and get your side of the story on record. Double is you have any kind of contract or handbook that states you have the right. I work in retail myself and my company has an open door policy clearly laid out that says that every employee has the right to go to the supervisor of a party there is an issue with without fear of retaliation etc. If you have such rights, use them. At the least, write a letter to HR stating your side of the issue and ask that it be filed in your personnel record.

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