Can I Be Fired for Refusing to Sign a Written Warning?

Employers can issue write-ups to document performance or misconduct, but signing them is not always mandatory. Know your options and rights when facing disciplinary actions under at-will employment policies.

By Brad Nakase, Attorney

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Table of Contents

1. Do I have to sign a write-up?

2. At-Will Employment and Written Warnings

3. Write-Ups and Dismissal

4. Counterarguments

5. Resources for Employees

Do I have to sign a write-up?

An employer has the right to document a worker’s bad performance in their employment file if they consider the worker has not fulfilled their job requirements. Disputes with coworkers or acts of disobedience might also result in disciplinary action.

A “write-up” describes the information that your employer has gathered in order to terminate your employment. Legally speaking, write-ups can also affect your ability to get a job in the future.

To verify they have read and comprehended the paperwork, employers make workers sign it. You can either sign it or choose not to.

If you find fault with an employer’s statement in a written report, what recourse do you have? If you would rather not sign the document, what are your options? A basic understanding of employment law is necessary before exploring your options.

At-Will Employment and Written Warnings

Workers are largely considered to be at-will employees in all states except Montana. As a result, businesses are free to terminate workers whenever they choose, for whatever reason, and with little to no notice. Additionally, workers are free to leave at any moment without providing a reason. However, at-will policies do not apply in all cases.

The American labor market now typically operates under the assumption of at-will employment. It is up to the discretion of the employer to draft their own employment agreements. There may be limitations on how the employer and employee can end the employment relationship under these contracts as well.

Collective bargaining also gives unions the ability to avoid some provisions of at-will contracts. Federal and state laws still place restrictions on how an employer can end an employee’s contract.

Write-Ups and Dismissal

What kinds of write-ups you can expect to receive are job-specific. Working at a retail store increases your risk of receiving a written reprimand for tardiness or taking too many breaks. Factories can give workers written warnings for problems with quality control.

If a previous verbal warning was ineffective, employers have the right to issue a written warning.

Your employer has the right to terminate your employment if you engage in significant misconduct. A wrongful termination lawsuit is an option if you feel your employer’s disciplinary action was unfair.

It is not as easy as most people think to prove that your employer fired you without proper cause in court. You should talk to a lawyer specializing in employment law before submitting your claim.

Counterarguments

Carefully reading a write-up will help you identify the alleged violation. The report should say which business policy you breached. It is common practice for a manager or an HR professional to hand the employee the report.

The same holds true for evaluations of one’s performance. Your HR representative or manager can go over the review and speak to any progressive discipline your boss put into effect that year.

The employee’s agreement is not explicitly stated in some write-ups and performance reviews. It is common for them to state that the employee perused it. Furthermore, the person may be directed to the employee handbook of the company in question.

Workers who get written up and disagree with the findings may be able to file a formal response. Along with the write-up, Human Resources must submit the counter-argument. Employees have the chance to have their grievances formally documented in this way. The next step is to put all of the paperwork into the employee’s personnel file.

Resources for Employees

Employers have a lot of leeway to fire employees under an at-will employment arrangement, but that freedom doesn’t come without limits. It is illegal for companies to treat their employees differently or terminate them because of their protected status, according to federal law.

Here are a few examples of protected statuses:

Religion
Race
Sexual orientation
Ethnicity
Country of origin
Age
Gender

You have the right to sue your employer for damages if they treat you unfairly because of these traits.

Have a quick question? We answered nearly 2000 FAQs.

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