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 4 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.


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