During a recent audit of our files, we found that one employee has not signed the employee handbook acknowledgment. He keeps making excuses, stating that he needs his attorney to review it. It has been four months since we requested his signature. What can we do at this point?
Employee handbooks are not legally required in California. Creating, adopting and disseminating a handbook is a “best practice” for companies to ensure that policies and procedures are clearly explained and that expectations are defined.
There is no California law mandating that employees sign an acknowledgment that they received a handbook. However, a signature is optimal for documentation and compliance.
Employee handbooks should be distinguished from the harassment, discrimination, and retaliation prevention policy that all employers have a duty to create under Title 2, California Code of Regulations (CCR), Section 11023(b).
In addition, this regulation requires employers to disseminate the policy to employees with an acknowledgement for the employee’s signature or through another method that provides for acknowledgment (Title 2, CCR, Section 11023(c)).
Because the law requires a signed acknowledgment for the harassment prevention policy (unlike employee handbooks), refusal to sign may be treated as more troubling conduct from a new employee and more serious consequences may apply.
Recommended Steps
Following are recommended steps for when an employee refuses to sign the handbook acknowledgment. These steps also may be appropriate for other situations where an employee refuses to sign documents presented by their employer, such as disciplinary notices.
• Discuss and clarify the purpose of the signature. It is important that you review the handbook with employees and offer them an opportunity to ask questions.
After discussion and review, if an employee announces that they will not sign the acknowledgement, ask “What about signing the handbook concerns you?”
Explain that the signature is simply an acknowledgment that they received the handbook. Emphasize that the purpose of the signature is not to signal approval of the employer’s policies but to confirm that the employee has received the handbook and been given an opportunity to review and discuss its provisions.
• Communicate with the employee that handbook policies apply even if they do not sign the acknowledgment. The employer should state clearly that the handbook policies and procedures apply to all employees even if handbook acknowledgments are unsigned.
There should be no doubt that the policies in the handbook will be enforced, and that refusal to sign the acknowledgment does not excuse the employee from following company policies.
• Document the employee’s refusal to sign. Refusal language can be included with the acknowledgment, such as “I was presented with a copy of the handbook, read it, and refused to sign.”
Not surprisingly, the employee may even refuse to sign the refusal language. If so, make a note on the acknowledgment form that the employee refused to sign everything presented to them.
For example: “Presented to [employee name] on [date]; employee refused to sign.” This note should be signed by you, dated, and kept in the employee’s personnel file.
This documentation is important. Without a signed handbook acknowledgment or documented refusal, you may be vulnerable in employment disputes because there is no proof that the employee was informed of policies or received them.
• Determine whether you want to have a policy that signing the handbook acknowledgment is a condition of employment.
Employers can make signing the acknowledgement a condition of employment.
If an employee refuses to sign after you have explained that the signature is required, you can treat this refusal as failure to comply with a condition of employment.
California is an at-will state, and refusing to sign the acknowledgment is not a legally protected act. If the signature is a condition of employment, an employer may discipline the employee for insubordination, provided that the reason is not discriminatory or retaliatory.
It is recommended that you consult with an employment attorney if you want to terminate the employee.
Column based on questions asked by callers on the Labor Law Helpline, a service to California Chamber of Commerce preferred members and above. For expert explanations of labor laws and Cal/OSHA regulations, not legal counsel for specific situations, call (800) 348-2262 or submit your question at www.hrcalifornia.com.
