For South Carolina employees facing discipline in the workplace, this question often arises: should the employee sign a write up that the employee does not agree with? Of course, I would guess that nearly every employee tends to disagree with any sort of discipline, whether it’s a write-up, performance improvement plan, or suspension. So the bigger question is whether you should sign a write-up that contains FALSE information? And is the company using the write up for a wrongful purposes, such as retaliation, discrimination, or as a means to lay groundwork to fire you wrongfully?
South Carolina and Federal Law Protects Against Firing a South Carolina Employee for an Unlawful Reason
South Carolina employees are generally employed at will, meaning that they can be fire for good reason, bad reason, or no reason at all. But they cannot be fired for an illegal reason. [Read more: At Will Employment and Its Exceptions in South Carolina] At will employment does not mean that an employer can do whatever it wants to employees. Any adverse employment actions, like discipline, move to a less desirable or lucrative shift/position, suspension, or termination, would violate the law if the company took those actions to punish an employee for reporting illegal discrimination in the workplace or the company was treating that employee differently based on age, race, sex, national origin, or disability.
The “at will” default standard does not protect companies who engage in wrongful behavior in South Carolina.
What if the Write-Up Contains False Allegations?
Employees often ask me if they should even sign a write-up that contains allegations that they disagree with. “Doesn’t it mean I’m agreeing with them if I sign it?” they ask.
It depends on the language of the write-up. Most disciplinary documents have a place for the employee to sign. If the write-up says that you are signing just to acknowledge receipt and not that you necessarily agree with what’s written within the document, then you can sign to acknowledge receipt. If the write-up says that by signing it, you are agreeing to what the company says about you, then if you decide to sign it, you can always write in, “signing to acknowledge receipt only” on the write-up. Try to get a copy or picture of the write-up if you can.
If you are confronted with a write-up that contains false information altogether, then you should write a rebuttal to the allegations, either on the write up itself or on a separate sheet of paper. Try to get copies of both documents for your records (and for your lawyer to review later). This becomes especially important in a situation where you may have a legal claim for harassment, discrimination, or retaliation. If the write-up accuses you of wrongdoing after you made a protected complaint to HR or management–“protected complaint” meaning you complained about illegal harassment or discrimination in the workplace–then the “discipline” is pure retaliation. [Read More: What is a Protected Complaint in South Carolina?] You want to be able to show that the allegations are false, so provide details to refute the allegations and the names of witnesses who can confirm the accuracy of your statements. At least then the company cannot convincingly argue later that you never disputed the truth of the allegations against you.
If the company refuses to let you write a rebuttal on the write-up itself, you can follow up instead with an email to HR (from your personal email if possible) with your response. That way your objections are noted in writing and the company cannot deny that you provided a rebuttal. (Remember, if you do not put it in writing, then the company will almost certainly deny you ever said it.)
What Happens if You Refuse to Sign the Write-Up?
Not all write-ups are illegal. Just because you disagree doesn’t mean the company cannot issue them. But if you suspect that the write-up was issued because you just made a protected complaint (a situation I see happen ALL THE TIME) or if you think are being targeted with discipline and bad reviews as a pretext for the company firing you (such as getting rid of you because you are older, for example), then responding to the allegations is important. [Read more: Age Discrimination Lawsuits in South Carolina] [Read More: What is Unlawful Retaliation for South Carolina Employees?]
However, the company may choose to view your refusal to sign as insubordination if you refuse to sign the document altogether. This is where “signing only to acknowledge receipt” comes in handy. Besides, the company will go ahead and note that you “refused to sign” the document anyway, so it still creates the paper trail they want.
Best practice when you are confronted with a false or untrue write-up: review it carefully to make sure you are signing to only acknowledge receipt; write in “signing to acknowledge only”; and provide a written rebuttal to the company’s allegations.
If you believe you are being targeted, retaliated against, or discriminated against, then you should speak to a South Carolina employment lawyer immediately. Very often I will see a long-term, high performing employee suddenly get hit with a flurry of disciplinary actions. At that point, it’s time to consider what illegal factor is motivating the company and what remedies the law might provide.
If you have questions about false and retaliatory write-ups or other disciplinary actions, including performance improvement plans, then feel free to reach out to our office at (864) 278-5389 or via our Contact Us page.
