[FL] What are the consequences of refusing to sign a workplace disciplinary write-up?

FL Employment

Liz

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If you refuse to sign entirely, they can view it as being uncooperative. If you sign, but indicate you disagree, it can let you keep the record straight while still complying. Does that make sense? (Florida is an at-will employment state, and its general employment statutes do not require a private-sector employer to accept or attach an employee's written disagreement to a disciplinary record; that kind of right, where it exists, typically comes from a specific company policy or union agreement rather than state law. Noting disagreement on the form itself, or in a separate written statement kept alongside it, is a common practical middle ground between refusing outright and signing without qualification.) (FL Stat § 1012.31)

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I had a coworker that I was training under. So I sent him a text message saying that if he needed to tell me any grievances outside the workplace, he should do that instead of doing it in front of a whole aisle where there are potential witnesses. HR says they did an investigation, and when I said I sent that text and they saw the whole message, they said it could be perceived as me threatening somebody. So now they want me to sign a piece of paper saying that the text message was something I shouldn't have sent, that it didn't go with their so-called values. Even though their senior veteran called me out of my name and mocked me, and last time I checked, that individual was still working with them. So should I sign the form that they want me to sign, or what can I do?

Lexi, Chatbot

I'm sorry to hear about the difficult situation you're facing at work. Have you had any previous disciplinary actions or complaints filed against you in the past?

No.

Lexi, Chatbot

What specific actions or responses have you taken since receiving the request to sign the form?

I haven't signed any form yet.

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your workplace harassment.

I need to know what are the consequences if I don't sign this form, because the text message that I sent him didn't seem to be threatening at all, and I'm willing to share that with the lawyer if need be.

Liz

Hi there! Welcome. My name is Liz, and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information only site. No attorney-client relationship is formed from our conversation. So I can best help, is there any punishment besides signing the form?

As of right now, no, because I haven't signed it yet. Nor did I want to ask the questions, because I didn't want to really escalate the situation further than what it was.

I'm willing to share the context of the text message I sent, because I don't believe it can be seen as threatening.

I believe that is a reach, but I could be wrong.

Liz

The context would be helpful.

Hey, I don't know what your issue with me is, but do not call me out and cause a scene in the middle of a job site. Calling me an asshole and mocking me in the middle of the aisle yesterday was extremely disrespectful, as well as causing a scene in the middle of the aisle today. If you have any grievances with me, talk to me outside the workplace.

I don't know why you feel comfortable enough to speak to me that way, but for the future, speak to me personally, outside of the job. I don't mind working with you, however, I do mind being belittled in an entire aisle where other [business name redacted] workers and customers can hear you.

I'm being transferred over to another job site. (This was sent after I spoke to my manager about it.)

Liz

Thanks for sharing the text message. It helps to understand the situation better. I think they may have been misinterpreting you saying to speak outside of work.

They're saying that phrase can be threatening, even after I told him I don't mind working with the guy.

My issue is, they could have said to no longer confront people, and I'd be okay with signing that. But to have my signature agreeing that what I said can be threatening, and I'm the one under his training, doesn't click for me.

Liz

If you took that one line completely out of context, you maybe could stretch it to arguing that you were threatening to fight him, but in context, you never threatened him with any harm. You're just being direct that you don't appreciate being yelled at in front of people.

And I believe that's what they're doing.

Even though I gave them the full context, the same text message I sent to you, I sent it directly to HR.

So I'm really having a hard time seeing how that can be perceived as me threatening him in any fashion.

So I really don't want to sign this form, and I don't know what the consequences could be, and I don't know what I can legally do to not get in any kind of trouble with the company. I know they're not going to like that. However, I don't like being called a threatening person when I was called out of my name by someone who was supposed to have the utmost respect in the company or on the team.

Because, like you said, and exactly how I thought, they're taking that one phrase and they're trying to say that I'm gonna catch him outside, girl.

Because that's what people like that say, and it automatically leads to fighting, which isn't who I am at all, nor how I present myself, at all.

So how can I best resolve this situation? Do I have any legal ground if I don't sign it and they retaliate?

And to keep things specific, I am in the state of Florida.

Liz

You do have the right to object to it, such as signing that you don't agree.

Is that a smart choice, though? What are the consequences if I don't sign it?

Liz

Yeah, absolutely. And can I get it in writing that I don't agree with what I'm signing?

Because I would be signing it in fear of losing my job.

Liz

You can request a copy of the document and sign it, noting that you don't agree with the assessment.

Does the document itself have to say that I don't agree with the assessment, or do I have to add that along with my signature?

Liz

It's something you would usually add.

Alright, thank you.

That is my question for right now. You've been great. If there's a survey, you get five stars.

Liz

You're very welcome!

Hope you have a good weekend.

Liz

You too!

Liz

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