My employer is starting the termination process with me. I DONT agree with what she is writing up up for. Do i have to sign this sheet or can I refuse? Will refusing get me into more trouble? what are my rights here? and will I be eligible for Unemployment if she succeeds ?
2007-07-20 05:56:50 · 11 answers · asked by wonderin 1 in Politics & Government ➔ Law & Ethics
you can refuse
2007-07-20 05:58:31 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There's usually a clause on the performance write-up, that says something like "signing here not an admission of guilt, onyl acknowledges you recieved this form." Check for that, and if it doesn't say that (or something along those lines), then don't sign it. You can always refuse. However, if you refuse because that language isn't there -- or even if you just acknowledge you got the form, might mess up your unemployment. Best case scenario: if you didn't do what they're accusing you of, document it, and when you get fired and apply for unemployment, and they show the unemployement people this form that you did or didn't sign, you can show them what you have. Documents to prove something can be used by you, too, so don't let them intimidate you.
2007-07-20 06:08:42 · answer #2 · answered by Hillary 6 · 0⤊ 0⤋
Although you can refuse to sign. You have every right not to. It appears that you are difficult to work with. And a problem. Sorry, this is the real world. And sorry to hear about your problems.
You can also write all your objections on the report. You can state all the reasons you think the accusations are false. You can also state on there that you suspect they are finding things just to terminate you. And then sign it. You may not get anywhere, but at least your statement has to go into your record along with everything else.
And then my advice to you is to go look for a job where they want you there. Don't waste your time with people who don't appreciate you. Find where you belong and where you shine. Good luck.
2007-07-20 06:05:07 · answer #3 · answered by Kelli 3 · 1⤊ 0⤋
Hi...
Poor performance reports are written/given for reasons. What I think you should be looking at is "how can I improve on my performance so that I don't get terminated?"
Forget the eligibility for Unemployment...because you will probably be declined it if the report is found to be true.
Look at what has caused your employer to write the poor performance report...take notes and then write up what you are willing to do (take ownership for your actions) to improve on your behavior.
Make this write up like a contract between you and your employer. Show him/her that you are willing to own up to your mistakes and give him/her a written plan of how you will correct your behavior so that a termination is not necessary. You do not have to sign the poor performance report, however, you do have to sign your agreement to modify your behavior in mannerisms that can guarantee a more successful relationship between you and your employer. The contract you write, if accepted by your employer is binding. The positive results will be a long term career...if you do not hold up to your agreement...the short term results will be a termination...and "no" you will not be able to collect unemployment.
So, pull yourself together and present yourself as a professional. High School is over...reality is...you need to grow up and see this world in the eyes of a professional. Your team at work needs you to pull your weight. Be on time. Do what you need to do to get the job done. You represent yourself now. How you represent yourself is how people see you. Are you a jerk off or a professional that wants success for his/her future?
The call is yours.
2007-07-20 06:13:51 · answer #4 · answered by cadvadvocate 4 · 1⤊ 0⤋
Signing usually only means you received the evaluation, not that you agree with it. It won't help you not to sign. Refusing won't endear you to them any further. They will simply put a note to the file that you refused to sign.
Depending on the state you live in, you may not be able to get unemployment if you are fired for cause (bad performance). If you are laid off, then you can get unemployment.
2007-07-20 06:07:29 · answer #5 · answered by ? 7 · 0⤊ 0⤋
You'll have to check your local state laws. In California you have to provide proof that the employee is in fact performing poorly despite being given all of the resources and training necessary to do their job. An example would be asking someone to do 15 hours worth of work in an 8 hour day.
2007-07-20 10:24:41 · answer #6 · answered by Robert B 2 · 1⤊ 0⤋
It depends on what the signature indicates.
Normally, it just means you are aware of the report and were informed of its contents.
But no, if you think you're going to be fired anyway, that's the worst they could do if you didn't sign it.
2007-07-20 06:00:08 · answer #7 · answered by coragryph 7 · 0⤊ 0⤋
Dont sign anything!!!! Signing means you read it and more or less even reluctanly signed it. If you don't sign it, there is no proof in court you ever saw the document , right??
2007-07-20 06:10:58 · answer #8 · answered by zanthus 5 · 1⤊ 0⤋
generally those things aren't law, it's just company policy for u to sign, so tech. u don't have to, but i wouldn't push the fact, but u should be able to right your own comments on the paper, well once again not law, most companies will let u do this,
2007-07-20 06:01:41 · answer #9 · answered by music man 4 · 0⤊ 0⤋
Usually your signature is only that you read it, not that you agree.
2007-07-20 06:08:30 · answer #10 · answered by Anonymous · 0⤊ 0⤋