Gave employee a written warning - employee refused to sign and walked out

gsethi

Diamond Member
Feb 28, 2002
3,457
5
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I gave written warnings to two separate employees for the same reason. One employee signed it.

Other employee got MAD and refused to sign it (was screaming "I am not going to sign anything" with an attitude). I told him/her that it is the procedure and that employee still refused to sign it, punched out on the time machine(was getting off ~5 min later) and left in rush. I asked if he/she was going to show up on Monday (as per his/her normal schedule) and no answer.

Now I dont know if that employee will show up. Its just a warning and you were clearly in fault. Just acknowledge it and go on with work/life. It wasn't like you were going to get fired or anything. Warning was being given so that you would take this mistake seriously and would not repeat it again.

Now, that employee has 2 warnings on his/her records...one original and one for insubordination (but I dont know if he/she will ever come back)... I guess its time to hire/train a new person now (and I hate training :()

EDIT: (Complete Story)
I own couple of Franchises. The warnings were for not wearing proper uniform. Uniform policy is pasted on Wall where employees can clearly see and they are always informed about it when they are hired. I wasnt taking uniforms seriously uptill starting of this year and would just give verbal warnings to them (but employees as they are...would ignore my verbal warnings).

So few months ago (IIRC, in March 08), I told everyone that I will be taking uniforms very strictly and will be giving written warnings. Immediately, everyone started coming in full proper uniform. Today, when I walked in, two employees were not in proper uniform, so both got their first warnings...and rest is already told.

Oh..i am the owner.

EDIT 2: Warning looks like this:
Employee Name ____
Date of Counseling _____

Date/Time of Violation: ___
Nature of Violation: ___

Employer's Remarks:____
____

Corrective Action:___
____

Employee remarks:
The absence of any statement on the part of the employee indicates his/her agreement with the report as stated.
____
____

I have entered my version of the matter above. I have read this "warning" and understand it. The above will be made a part of my record, as of this date.

Employee Signature___ Date: __
Owner Signature)___ Date___

UPDATE:
Monday (8/4/08): No Call, No Show by the employee.
 

ric1287

Diamond Member
Nov 29, 2005
4,845
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The whole "signing warnings" thing is stupid anyhow.

"I'm going to yell at you for doing something wrong, now please sign this waiver stating that I yelled at you"
 

gsethi

Diamond Member
Feb 28, 2002
3,457
5
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Originally posted by: minendo
The employee has the right to refuse to sign it.

True...but at least let me know if you are going to show up next scheduled day or not (especially since you are walking out) and there is no reason to scream or give an attitude (just say it politely)

 

minendo

Elite Member
Aug 31, 2001
35,560
22
81
Originally posted by: gsethi
Originally posted by: minendo
The employee has the right to refuse to sign it.

True...but at least let me know if you are going to show up next scheduled day or not (especially since you are walking out) and there is no reason to scream or give an attitude (just say it politely)

Assume he is not. If he does, it is up to you if you fire him or not.
 

BigJ

Lifer
Nov 18, 2001
21,330
1
81
Originally posted by: gsethi
Originally posted by: minendo
The employee has the right to refuse to sign it.

True...but at least let me know if you are going to show up next scheduled day or not (especially since you are walking out) and there is no reason to scream or give an attitude (just say it politely)

Then why'd you keep pressing the issue of signing it?
 

yhelothar

Lifer
Dec 11, 2002
18,409
39
91
Originally posted by: ric1287
The whole "signing warnings" thing is stupid anyhow.

"I'm going to yell at you for doing something wrong, now please sign this waiver stating that I yelled at you"

it's a legal thing.
companies usually file these warnings under employee records.
if the employee is fired, and happens to sue for some kind of illegetimate termination, then the company has evidence to defend itself.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Originally posted by: minendo
The employee has the right to refuse to sign it.

Yep. Smart guy. NEVER sign something like that if you don't agree with it.

OP - technically the guy is still employed by you.
 

Amused

Elite Member
Apr 14, 2001
57,455
19,923
146
Originally posted by: ric1287
The whole "signing warnings" thing is stupid anyhow.

"I'm going to yell at you for doing something wrong, now please sign this waiver stating that I yelled at you"

When the employer is sued upon firing the employee, and the employee states that he was never warned or told what he was doing was wrong, the employer has proof the employee was warned.

Yeah, how stupid.

 

randay

Lifer
May 30, 2006
11,018
216
106
good thing you did it on a friday. less change of him coming back the next day and uh... burning the place down.
 

BoomerD

No Lifer
Feb 26, 2006
66,427
14,831
146
Originally posted by: minendo
The employee has the right to refuse to sign it.

And I've so refused to sign a few times...

"Here sign this. We're writing you up for insubordination."

"Fuck you, I ain't signing that!"

"Well you HAVE to sign it!"

"Fuck you, I'm NOT signing it and you can wipe your fat ass with it for all I care."

"Well, I'll just fire you then."

"Go ahead, I can use a few days off. Then I'll call the union hall, they'll make you reinstate me with full pay for the time I was off, and we'll be back to square one....go get my checks so I can have a fucking vacation! "
The nerve of some people...thinking that I might be insubordinate..stupid pricks. :D


Gawd I loved the years when construction jobs were so plentiful that you could quit one at noon and be working somewhere else the following morning...<sigh>
Those days are gone...for now...but they'll be back. (I hope)
 

gorcorps

aka Brandon
Jul 18, 2004
30,741
456
126
Originally posted by: spidey07
Originally posted by: minendo
The employee has the right to refuse to sign it.

Yep. Smart guy. NEVER sign something like that if you don't agree with it.

If you don't like the rules of the place then GTFO (which he did), but being written up is normal in most businesses and he's acting like a prick about it. He should have known what would happen if he did something that required discipline.
 

ric1287

Diamond Member
Nov 29, 2005
4,845
0
0
Originally posted by: Amused
Originally posted by: ric1287
The whole "signing warnings" thing is stupid anyhow.

"I'm going to yell at you for doing something wrong, now please sign this waiver stating that I yelled at you"

When the employer is sued upon firing the employee, and the employee states that he was never warned or told what he was doing was wrong, the employer has proof the employee was warned.

Yeah, how stupid.

Or just keep records yourself without having people sign documents stating they suck at their job. Great morale booster
 

dartworth

Lifer
Jul 29, 2001
15,200
10
81
Originally posted by: BoomerD

Gawd I loved the years when construction jobs were so plentiful that you could quit one at noon and be working somewhere else the following morning...<sigh>
Those days are gone...for now...but they'll be back. (I hope)



:heart:
 

MrDudeMan

Lifer
Jan 15, 2001
15,069
94
91
Originally posted by: spidey07
Originally posted by: minendo
The employee has the right to refuse to sign it.

Yep. Smart guy. NEVER sign something like that if you don't agree with it.

OP - technically the guy is still employed by you.

How can you agree/disagree with an explicitly stated dress code? You are either dressed appropriately according to the dress code or you aren't.
 

MrDudeMan

Lifer
Jan 15, 2001
15,069
94
91
Originally posted by: ric1287
Originally posted by: Amused
Originally posted by: ric1287
The whole "signing warnings" thing is stupid anyhow.

"I'm going to yell at you for doing something wrong, now please sign this waiver stating that I yelled at you"

When the employer is sued upon firing the employee, and the employee states that he was never warned or told what he was doing was wrong, the employer has proof the employee was warned.

Yeah, how stupid.

Or just keep records yourself without having people sign documents stating they suck at their job. Great morale booster

You will never be in charge of anything important.
 

gsethi

Diamond Member
Feb 28, 2002
3,457
5
81
Originally posted by: BigJ
Originally posted by: gsethi
Originally posted by: minendo
The employee has the right to refuse to sign it.

True...but at least let me know if you are going to show up next scheduled day or not (especially since you are walking out) and there is no reason to scream or give an attitude (just say it politely)

Then why'd you keep pressing the issue of signing it?

I didnt. Just told the employee that he/she is getting a warning. Employee was almost screaming at me "I am not going to sign anything" and "this is a small matter". I told the employee that it doesnt matter but then he/she just walked out on me while I was talking with him/her. No answer as to if he/she was going to show up next scheduled day (which is Monday morning)



Originally posted by: moshquerade
dismiss employee for insubordination?

Not yet, Good worker, always on time. No problems with the employee but who knows...


Originally posted by: astroidea
Originally posted by: ric1287
The whole "signing warnings" thing is stupid anyhow.

"I'm going to yell at you for doing something wrong, now please sign this waiver stating that I yelled at you"

it's a legal thing.
companies usually file these warnings under employee records.
if the employee is fired, and happens to sue for some kind of illegetimate termination, then the company has evidence to defend itself.

Exactly. Just follow company policy which clearly state that if not wearing proper uniform, you will be given written warnings. I have already saved a copy of the surveillance of the employee walking out etc.

Originally posted by: spidey07
Originally posted by: minendo
The employee has the right to refuse to sign it.

Yep. Smart guy. NEVER sign something like that if you don't agree with it.

Signing the warning is not admission of wrong doing. It clearly states that you are signing that you are receiving a warning (just like a traffic ticket). It has room for employee's remarks where they can tell their story.

 

BoomerD

No Lifer
Feb 26, 2006
66,427
14,831
146
Originally posted by: MrDudeMan
Originally posted by: spidey07
Originally posted by: minendo
The employee has the right to refuse to sign it.

Yep. Smart guy. NEVER sign something like that if you don't agree with it.

OP - technically the guy is still employed by you.

How can you agree/disagree with an explicitly stated dress code? You are either dressed appropriately according to the dress code or you aren't.

Yep, even I can't argue with that one...

OP, do you provide the uniforms and maintain them? (wash/clean)

I've worked a couple of jobs were company uniforms were mandatory, and as long as the company paid all the costs, I was willing to wear them, but refused to do so if I was required to pay for them or pay to have them cleaned.