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What to Do When an Employee Refuses to Sign a Performance Review

Jul 13, 2023

Employee performance reviews can be a tricky process to navigate, especially when an employee refuses to sign one. There are actually some strategies for giving honest and accurate feedback that fosters genuine growth and development, as well as documenting these situations and potential consequences for employees who choose not to sign their reviews. 

Contacting an Employee on FMLA Leave for a Harassment Investigation 

  • It is generally best to limit contact with employees on a leave of absence under the FMLA (Family and Medical Leave Act), even if its for a harassment investigation. However, if you must contact them, limit it to minor requests or discussions and avoid counting the time spent discussing any work related issues against their FMLA allotment. 
  • Ensure they are fully compensated for the time spent discussing any issues related to the harassment claim.

Improving Performance Reviews 

  • Performance reviews are essential for companies to provide consistent feedback throughout the year. 
  • Avoid blindsiding employees with negative performance reviews, and management teams should be provided with training on how to handle feedback. 
  • Performance reviews serve different purposes, and steps should be taken to prevent a situation where the employee feels they are being set up for termination. 

Implementing Performance Reviews 

  • Performance reviews are a great way to provide meaningful feedback to employees and ensure they are on track to reach their goals. However, it is essential for managers to give honest and helpful performance reviews instead of sugarcoating them. 
  • Discuss strategies for giving accurate performance reviews that lead to real growth and development for employees. Figure out ways to encourage employees to engage in performance reviews and how to handle difficult conversations that may arise are discussed. 

Handling Employee Refusal to Sign Performance Reviews

  • In some cases, an employee may refuse to sign their performance review. While it is not a legal requirement for employees to sign their reviews, it can be helpful for documentation purposes. 
  • Companies can include a statement on the review form that the employee is acknowledging receipt of the review, rather than admitting any wrongdoing. This can help to alleviate any concerns the employee may have about signing the document. 

Navigating employee performance reviews can be a challenging process, but with the right strategies and training in place, managers can effectively handle these delicate conversations. By providing honest and accurate feedback, companies can foster employee growth and development while maintaining clear documentation of performance expectations.


Visit the Wannos Law Firm, a premier Florida employment law firm, to discuss your employment needs. At the Wannos Law Firm, we help Florida businesses with the following:

  • Legal Document Preparation: we prepare employee handbooks, employment agreements, independent contractor agreements and other legal documentation for Florida businesses with employees
  • Risk Assessment: we conduct a comprehensive audit of your business and HR procedures and policies to help ensure you are legally protected
  • Florida Workplace Investigations: we are a neutral third party investigator of workplace matters, including claims of harassment, discrimination and retaliation.
  • Florida Mediator for Employment Claims: Karly is a Florida Supreme Court Certified mediator and helps the parties reach a resolution of their Florida employment lawsuits 

For more information, visit The Wannos Law Firm at 

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The Wannos Law Firm, P.A. provides legal advice to Florida businesses. Karly Wannos is a workplace investigator for claims of discrimination, harassment and retaliation, Florida employment law mediator and provides training to businesses on employment laws. 

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