Asked to write a statement about a fellow employee.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Asked to write a statement about a fellow employee.
I work in a long-term care facility as a nursing
assistant. I was recently pulled into the
administrator’s office to write a statement regarding a
fellow colleague’s unjust behavior, a licensed
practical nurse. My concern is is my employer
permitted to release information given in my
statement and relay it back to the colleague? I don’t
want my name to be dragged through the mud, and I
certainly want to avoid having any kind of a personal
vendetta with this individual. Legally, in Ohio, can my
employer reveal who wrote the statement and what
was written in it? Thank you.
Asked on July 7, 2016 under Employment Labor Law, Ohio
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
While your reluctance to write such a statement is understandable, if you are an "at will" employee you must either do it or refuse and risk suspension, termination or other disciplinary action. An empoyer can set the terms of the workplace much as it sees fit. This is true unless such action violates an employment contract or union/collective bargaining agreement, which you did not indicate. Also, it must not constitute some form of legally actionable discrimination, which it does not appear to.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.