Can I be suspended/terminated for refusing to write a witness statement on a matter that I’m uncomfortable with?
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Can I be suspended/terminated for refusing to write a witness statement on a matter that I’m uncomfortable with?
My spouse and myself work together and we had a dispute outside of work. I asked my manager to retrieve some items from my spouse since he was going to go home instead of working his shift. Now, I am being asked to write a witness statement regarding the incident that transpired at home, since I refused to write it or attend a meeting on my day off for the issue which I told them I feel uncomfortable with and which I’d rather forget it and move on. I was sent home and suspended for not writing the statement.
Asked on August 2, 2018 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
While unusual to have to write such a statement, it is not illegal to be asked to do so unless it violates the terms of an employment contract or union agreement. The fact is that most work relationships are "at will". this means that a company can set the conditions of employment much as it sees fit, at least absent some form of legally actionable discrimination. Accordingly, you can be terminated for refusing to write the statement or for any reason or for no reason at all.
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