Employment Rights: HR asks you to sign - should you?
When considering your Employment Rights and possible low performance, consider this:
Ok, so if you’re in one of 2 situations:
- You’ve had a complaint filed against you; or
- You’re at your final performance review session
and after meeting with HR, they’ve asked you to sign a form or letter acknowledging that you’ve been accused of harassment/hostile work environment by X person or are underperforming.
So what are your employment rights?
It doesn't admit either innocence, wrongdoing or your agreement with the scenario (accusation or under-performance) but simply acknowledges the investigation/process having taken place. You don’t feel comfortable signing this form/letter, as it doesn’t say anything about your version of events.
Will signing this reflect negatively on you later?
What happens if you leave it. Yes - I’ve had some people do this and although not ideal, it can be perfectly fine.
They have their process to follow...
Put simply, the company is trying to formally show that they’ve followed a set process, communicated the situation with you and you’ve been notified of the serious nature of the allegations or possible under-performance. Despite how you may feel, most HR Practitioners are aware of your employment rights and take steps to ensure they abide by them.
So - yes, this letter may later be used in litigation to evidence rationale for a termination of employment, following a serious filed complaint or ongoing under-performance or possibly be later reviewed and investigated following company/Manager retaliation against you, the complainant.
Don't fret - you have employment rights and the Fair Work site which we cover off on later, is a great starting point to understanding what they are: https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/ending-employment
Ask yourself and them WHY the process exists, herein lies your answer, on why signing isn’t do or die!
To better understand what might be your next best move, ask (and preferably in writing!) your company, if the form or letter is standard procedure for all investigations or Performance Improvement Plans.
HR should explain to you the general investigation or under-performance process and the reason for the form/letter, particularly since you may understandably have some anxiety around signing it. While they may be comfortable with it because they deal with this form/letter routinely in investigations, they’ve likely not been in your shoes.
This can be done in a respectful way
Good Approach to Seek Clarity in ensuring your employment rights are respected and upheld!
To better understand where you stand and your employment rights. You can point out respectfully that you’re not familiar with these practices and the whole process is confusing for you, including the apparent need to sign this letter or form.
You can explain that your job is at risk, and you're scared because you want to ensure that you are given a fair and neutral opportunity to respond and are worried that this form/letter doesn’t say this or provide information of your rights - if this is the case. Noting that a good form or letter should touch on this irrespective.
Be sure you present your perspective in a non-aggressive manner. You want to try to avoid giving HR, a first-hand example of unprofessional behaviour, similar to that which you've been possibly accused of. Quite often, companies perceive an employee's refusal to sign any document negatively, (i.e., as non-cooperation).
What best HR business practice looks like...
A good HR practitioner will always provide alternate avenues. I’ve terminated a person from a business, who I had much respect for. His Manager provided him with ample opportunity to improve and with every inch of my heart, when I said, “I wish you all the best.” I meant it.
A great guy in a far-from-ideal job.
I would argue that the company is at fault for most of these mis-matches occurring. After all, if we managed to employ him for the role and he falsely sold himself in, for example then, the probationary period is enough time to know whether or not he’s a fit for the role or vice versa, whether we’re right for him. In my experience, under-performance has NEVER been the sole fault of the individual.
Although people love to point fingers, more often than not - HR aren’t to blame
Sadly, it’s not always clear cut, as a HR practitioner - more often than not, we’re involved at the end of this not-so-happy picture. A good HR practitioner will always try to look for alternate solutions to a complaint - possible counselling, a formalised apology (if appropriate) or for under-performance - roles that better suit the individual. I did and can thankfully say every single one of my transitions for someone under-performing in a role, worked out really well for the individual.
For those accused of varied activities where an investigation was warranted...who end up being asked to sign a letter advising that a meeting with them took place with HR. If concerned, think about adding in your own clause of sorts, to say: I hereby sign to this letter, not in agreement with the aforementioned points but rather in acknowledgement that we have had a meeting concerning them.
I’ve always been fine with this and over the years, influenced companies to better communicate this as their intent in forms/letters or general writing, versus outright agreement to certain indiscretions - where there may not be one.
Don’t be a victim and wait around for good HR
If best practices aren’t there - instigate alternate solutions to the challenge. Like those above. If you’d like more help on this, what happens if you refuse to sign or related matters, reach out for a confidential discussion. Our “HR Ally in your pocket” service was set up to specifically serve you in these types of matters.
I hope I’ve provided you with a way you can diplomatically push back and get more information without appearing un-cooperative. I'd personally sign the form if it's standard procedure and I trusted that they’d have a neutral, unbiased process, but that's just me.
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xo