[FL] [FL] My employer is asking me for a statement after employees reported they felt unsafe during a personal phone call I was having. What should I do?
My question is — last week at work, I was having a personal phone conversation with a family member regarding a phone bill. While on the phone, I was speaking loudly and was clearly frustrated, but I never made any type of threat.
Five employees wrote statements to HR saying they felt unsafe.
They are now asking me for a statement in return.
Since the event was not work-related, no other employees were involved, and while I may have been loud, the content was not threatening, I don’t know if I should write it.
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You have a choice: you can either cooperate with HR and provide a statement, or refuse and retain an attorney to be with you when you speak to HR to ensure your rights are protected.
Keep in mind that Florida is an at-will employment state.
This means that both employers and employees can terminate the employment relationship at any time, with or without cause, and with or without notice.
Key points about at-will employment in Florida:
- Employer flexibility: Employers can hire, fire, promote, demote, or discipline employees for almost any reason.
- Employee flexibility: Employees can quit at any time without notice.
- Exceptions: Employers cannot fire employees for discriminatory reasons (race, religion, disability, etc.) or retaliate for reporting illegal activity.
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Lexi, Chatbot
I understand you're looking to speak with a Florida labor attorney. Can you please tell me more about the specific issue you are facing?
Disciplinary action.
Lexi, Chatbot
Are you currently employed in Florida, or is this related to a previous job?
Currently employed.
Lexi, Chatbot
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Robert L
Hello. My name is Robert H. I am a real live attorney, not AI. I can help you with your issue.
To recap, you have questions related to workplace discipline. Is that correct?
Yes.
Robert L
You indicate that you have a question related to workplace discipline. Would you like to tell me more about your issue?
My question is — last week at work, I was having a personal phone conversation with a family member regarding a phone bill. While on the phone, I was speaking loudly and was clearly frustrated, but I never made any type of threat.
Five employees wrote statements to HR saying they felt unsafe.
They are now asking me for a statement in return.
Since the event was not work-related, no other employees were involved, and while I may have been loud, the content was not threatening, I don’t know if I should write it.
Robert L
Okay. So several employees indicated they felt unsafe while you were on a private conversation with a family member. You indicated that you were speaking loudly and were frustrated. They reported this incident to Human Resources, and HR is now asking you to provide a statement about what happened. Is that correct?
I was speaking with my mother. She is seventy-eight years old and hard of hearing.
Robert L
Are you allowed to use your phone and make private calls while on the clock?
Yes. I am a manager.
Robert L
Based on what you are telling me, it is not against your company’s policy for you to use your phone and make personal calls while on the clock, correct?
Have you had any prior issues with these employees before?
I have no restrictions that would prevent me from making a personal call. I am salaried, not hourly.
They claimed they felt unsafe. I’ve worked for this company for eight years and have never had anything like this happen before.
Robert L
This could be something as simple as a miscommunication. You could explain to HR that their concern was unfounded, that you were on a personal call (which you’re allowed to make), and that there was no reason for them to feel unsafe.
I have not been told which employees made statements. I just know it was none that report to me.
I don’t believe it was a miscommunication. Back in January, I was unjustly arrested for aggravated assault on a law enforcement officer with a deadly weapon.
Someone was attempting to break into apartments on my floor. I stepped into the hallway holding a firearm and got arrested, but the case was dismissed.
Since then, I’ve been treated like an outsider ever since.
Robert L
You have a choice: you can either cooperate with HR and provide a statement, or refuse and retain an attorney to be with you when you speak to HR to ensure your rights are protected.
Keep in mind that Florida is an at-will employment state.
This means that both employers and employees can terminate the employment relationship at any time, with or without cause, and with or without notice.
Key points about at-will employment in Florida:
- Employer flexibility: Employers can hire, fire, promote, demote, or discipline employees for almost any reason.
- Employee flexibility: Employees can quit at any time without notice.
- Exceptions: Employers cannot fire employees for discriminatory reasons (race, religion, disability, etc.) or retaliate for reporting illegal activity.
I feel this is an excuse to start the termination process.
Robert L
It certainly could be. But since Florida is an at-will state, your employer doesn’t need a reason to terminate you — unless you are protected by a collective bargaining agreement (like a union contract).
Robert L
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