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Written up for not signing a policy when I was off the clock.

Discussion in 'Employment Contracts & Work Policies' started by Brhi1987, Apr 3, 2015.

  1. Brhi1987

    Brhi1987 Law Topic Starter New Member

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    I was recently working out of town and my time stopped at 5pm. Since we are out of town we were staying at a motel. My supervisor came to my room at 5:20 and handed myself(as well as all the other emotes) a new policy and said here sign this. After reading it over I had a few questions that he couldn't answer. I told him that I'm not going to sign the new policy until I got a little better clarification on it. He told me that was fine. I called my supervisors boss after he left at 5:35 and asked my questions that I had. The next day when we returned to the yard, I signed the policy and turned it in because my questions were answered(this all happened on a Thursday evening and a Friday morning).

    The following Tuesday I was called over to my supervisors pickup to sign a write up I got for refusing to sign a policy and a direct order from my supervisor. I told him and my boss, who doesn't like me and has it out for me, that I never refused to sign it I just simply had a couple of questions about it.

    We ended up having a meeting in wednesday with our big boss and he told me that the write up is sticking. I am taking it to a managers level as well as HR because 1. I was off the clock and 20minutes into my own time and 2. I never refused to sign the policy. I just had a few questions and once they were answered I signed the paper.

    Can I get written up for this? (I refused to sign the write up and then took it above all their heads)
     
    Last edited: Apr 3, 2015
  2. army judge

    army judge Super Moderator

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    You WERE written up, so no confusion there. We all need to learn what hill we want to die over. Frankly, I never wanted to die over any dispute. If you want to keep their job, do what they say.

    The folly of your actions now have caused you to depend on you receiving a fair hearing expecting justice. That's a very dangerous game you're playing.

    Make your life easier, make yourself happier, just do what they say, when you want them to pay.

    Remember, you initiated contact with a bigger boss during off work time, too.
     
  3. Brhi1987

    Brhi1987 Law Topic Starter New Member

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    See my issue is that I pride myself on my reputation. I have been with this company for almost 4 years and have never been written up for anything. I am taking this to the extreme because I am in the process of getting hired on with a law enforcement agency and they told me "no write ups at work and no traffic fines."

    I wasn't given a written warning or anything. My point is that I never refused to sign anything. I told my supervisor I had some questions on the new policy. He told me he couldn't answer them. I then told him I would like to talk to someone before I signed it. He told me that it wasn't a problem at all. Then I get blind-sided and get a write up for refusing to sign the policy...it's not right.
     
  4. Brhi1987

    Brhi1987 Law Topic Starter New Member

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    Oh and I signed the new policy the next day when I was on the clock...before anyone else on my crew had signed theirs. So, I got written up for not signing something that I actually signed.....
     
  5. cbg

    cbg Super Moderator

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    I have been with this company for almost 4 years and have never been written up for anything.

    Now you have.

    I wasn't given a written warning or anything

    There is no requirement that you be given any kind of warning, written or not.

    it's not right.

    Maybe not. That's a matter of opinion. You're entitled to yours. But it's legal.

    BTW, you do realize that if this is a new company-wide policy, you are subject to it whether you sign it or not, right? And therefore refusing to sign until you got your explanation was an exercise in pointlessness?
     
  6. Brhi1987

    Brhi1987 Law Topic Starter New Member

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    So it's okay for my supervisor to tell me it's okay not to sign something until I spoke with someone that new more about the policy...and then write me up for not signing it right away?
     
  7. cbg

    cbg Super Moderator

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    It's legal, if that's what you mean.
     
  8. Brhi1987

    Brhi1987 Law Topic Starter New Member

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    How is it legal? I was given the okay to wait until we returned to the yard or until I got to ask my questions. Once my questions were answered I signed the paper.

    I was given permission to hold off on signing a document and then was written up for refusing to sign that same document...doesn't seem legal to me.
     
  9. army judge

    army judge Super Moderator

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    That's the point you're missing, friend, THEY don't value your opinion. You're just another cog on the flywheel.

    Plus, your recalcitrance might cost you the job you really want. As I said, don't die on any hill. It's never worth the price you're required to pay.
     
    Last edited: Apr 3, 2015
  10. Betty3

    Betty3 Super Moderator

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    Maybe you don't believe it was fair & maybe it wasn't but it still wasn't illegal. Sorry.
     
  11. cbg

    cbg Super Moderator

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    It is legal because there is no law that says it is illegal.
     
  12. disagreeable

    disagreeable Well-Known Member

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    Accept the write up and file for .33 cents payment when your pay is short, assuming you earn $20 per hour. Don't forget they will tak taxes out of that. Don't spend the 2 dimes all in one place.
     
  13. cbg

    cbg Super Moderator

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    Why not? You've already painted a target on your back. Might as well really go the whole hog and demand payment for the time, too. I guess some people like living on the edge and risking their jobs (not to mention their unemployment benefits).
     
  14. ElleMD

    ElleMD Well-Known Member

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    Your supervisor can't force you to sign. Walking away was all he could legally do but that doesn't mean there are not consequences. Refusing to sign until all questions were answered to your satisfaction was a power play and you know it. So does your supervisor. You could have signed as asked since the policy was going to apply to you regardless and then sought clarification on any fine points of its application. You chose not to. That it was 20 minutes after your usual stop time is likewise meaningless. The time it would have taken to sign the paper would be considered de minimus and wouldn't have to be paid.
     
  15. Disabled Vet

    Disabled Vet Active Member

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    Plus... If you were leaving this job soon for a law enforcement job what was the big deal about signing the paper to start with. You stated... Your leaving the job any way.
     
  16. Betty3

    Betty3 Super Moderator

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    It seems then you certainly should have done everything you were told to do & at the time you were told to do it to avoid any write ups.
     

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