Can a stupid and distasteful statement constitute a violation of workplace policy on violence?

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Can a stupid and distasteful statement constitute a violation of workplace policy on violence?

I was asked in a meeting with my DM and HR generalist in attendance, how can you and your team further impact shrink (i.e. shoplifting). I explained that we were doing everything we could and listed all of the things that we were doing. I then sarcastically added,

Asked on July 23, 2018 under Employment Labor Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The fact is that most employment is "at will". This means that a company can set the conditions of the workplace much as it sees fit (absent some form of leglly actionable discrimination). Accordingly, unless there exists a union agreement or employment contract to the contrary, a worker can be disciplined (up to and including termination) for any reason or no reason at all, with or without notice. Further, in this day and age the mere mention a sniper shooting at people, even if just said in jest, is in extremely poor taste.


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