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shugarbriches

Guest
If an employer writes up an employee, does the write up have to be signed by the employee to show acknowledgement that s/he has been written up? Also, after the write-up, is the employee entitled to receive a copy of the signed write-up for their personal records?
 


A

alax

Guest
I'm not an attorney--but, I've seen this happen in the workplace, and not signing it only makes you look more foolish--you don't have to agree with it in order to acknowledge that you read it and are aware of it, and I'd want a copy personally if it was about me. Check your handbook if you have one.
 
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shugarbriches

Guest
Maybe I should clarify the signing part. The question was not whether to sign it if s/he wanted to or not, to show acknowledgement, the question was:

Does an employer HAVE to notify the employee of the write-up, which in turn will make the employee acknowledge that s/he has infact been written up with a signature, or can an employer just tell the employee that s/he has been written up and leave it at that?

Also, of course anybody would want a copy of their write-up, however, are they entitled to it? Or does the employer have exclusive rights to the write-up as far as giving out copies of the actual write-up? There is nothing in the employee handbook that gives the company's procedures on write-ups.

Please reply with facts only. Thanks.
 
Last edited:

cbg

I'm a Northern Girl
No, the employer is not legally required to inform the employee of the write up. It's bad practice not to, but it's not illegal. As to whether the employee is entitled to a copy, or anything else that goes in the personnel file, that's covered under state law. Some states require it, some don't. You have not indicated what state you're in so I can't tell you what your local regs are.
 
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shugarbriches

Guest
That's interesting. So I'm wondering how employees are supposed to know whether they've been written up and for what they've been written up for if the employers are not required to even disclose that they've written you up in the first place. Basically that means that somebody could be written up numerous times without them even knowing about it, right? And what happens if the information in the write-up is found to be false accusations? Is there any recourse?

The state is California. Thanks for your insight cbg :)
 

cbg

I'm a Northern Girl
Ah, California. It's just barely possible that California might require that an employee be told of anything that goes in the file - as a state their laws are frequently different from anyone else's. I don't have any employees in California any more so I'm not positive one way or the other - try calling the CA DOL. They'll be able to tell you.

I can tell you that in your state, you must, upon request, be given a copy of anything that you have signed.
 
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shugarbriches

Guest
CBG, thank you sooooo much for your information, it is much appreciated!!!
 

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