Is my boss allowed to ask for a police statement from me for an incident that happened off the clock?

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Is my boss allowed to ask for a police statement from me for an incident that happened off the clock?

Recently I was attacked off the clock. As a result of the attack I have 4 broken ribs, a dislocated jaw, among a few smaller physical problems. I have been trying to work on the broken ribs but my doctor suggested I call in 1 day giving me a 3-day weekend so I can rest them. My boss told me in order to call in I have to give him the police statement stemming from the attack. Is he allowed to ask for this document?I don’t want my boss to have this information unless I absolutely have to give it to him. I appreciate anything you can tell me.

Asked on August 14, 2011 Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Although you were not attacked during work hours, however the injuries you sustained have affected your ability to work at the office. If a crime report was taken as a result of the incident and you gave a statement resulting in the arrest of a person, then your statement unless subject to a court order sealing it from the general public is most likely subject to public review.

I see no reason why you boss needs to see the police statement for you to call in and have a three (3) day weekend to rest and heal your injuries. A doctor's request for the day off from work will more than suffice any need by your boss for verification for you to have time off from work.

If your boss wants your police statement about the assault and battery, he can try and get it from the court clerk assuming it is part of the public record. Absent this, I see no reason why you need to provide him with a copy of it. Your doctor's written request should be more than adequate for you to get an extra day off from work.

Good luck.


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