What to do if I was accused of stealing, forced into a confession and fined $80?
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What to do if I was accused of stealing, forced into a confession and fined $80?
They said they had cameras monitoring us in the back room where i worked and had no knowledge of this prior to their interrogation of me. My job may be in jeopardy and I felt threatened into admitting guilt for something I didn’t do. I read that state law doesn’t let them monitor me in the workplace without my consent. Do they have a right to do this?
Asked on August 3, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Employers may video monitor the worksite, other than areas like changing rooms, bathrooms, etc. (There are limitations on audio monitoring, however.) More to the point, the law does not recognize being "pressured" into a signing an agreement like this with a private employer in most cases. If you felt the agreement was unjust, unfair, incorrect, etc., you could have refused to sign it (and consulted with an attorney, if appropriate, after refusing to sign it). It is not impossible, but very hard, to overturn an agreement which you have signed, since your signature is presumed to have been voluntary. Based on what you write, it is most likely that 1) you can be held to the fine you agreed to and 2) you could be terminated at your employer's option. The exception would be if you had an employment agreement (including union contract) which gave you due process rights or spelled out some procedure for discipline and termination; if so, you could enforce that contract, if it helps you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Employers may video monitor the worksite, other than areas like changing rooms, bathrooms, etc. (There are limitations on audio monitoring, however.) More to the point, the law does not recognize being "pressured" into a signing an agreement like this with a private employer in most cases. If you felt the agreement was unjust, unfair, incorrect, etc., you could have refused to sign it (and consulted with an attorney, if appropriate, after refusing to sign it). It is not impossible, but very hard, to overturn an agreement which you have signed, since your signature is presumed to have been voluntary. Based on what you write, it is most likely that 1) you can be held to the fine you agreed to and 2) you could be terminated at your employer's option. The exception would be if you had an employment agreement (including union contract) which gave you due process rights or spelled out some procedure for discipline and termination; if so, you could enforce that contract, if it helps you.
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