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Demand for written apology

Discussion in 'Employment, Labor, Work Issues' started by Reed Lee, Oct 27, 2020.

  1. Reed Lee

    Reed Lee Law Topic Starter New Member

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    Jurisdiction:
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    I inadvertently upload a file to a student assignment site that contained racially sensitive comments. A parent has a recording of it before it was pulled. My manager says she believes the voice heard is mine, and that if I submit a written apology stating it was me, I made a mistake, and I’m sorry, this will end and we can move on. Otherwise, HR will investigate. I have not listened to the file, but my boss says the comments are random, and seem to have no context. I don’t want a written record of something that is so vague and seemingly random. Can I be disciplined? What kind of “investigation” could HR launch?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Then that's the first thing you do. Listen to it. If it's you then you can either write your apology or not. It's your choice.

    Sure, you can be disciplined. You can also be fired.
     
  3. army judge

    army judge Super Moderator

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    You uploaded the "file" containing the alleged "disparaging commentary" in what capacity student, teacher, technician, etc???

    If you uploaded the file, do you still possess (or have access) to the ORIGINAL file?

    Have you considered that the uploaded file might have been "doctored" AFTER you uploaded the file?

    Is there anyway for you to tell IF the file was opened or "doctored" by another person?

    Can your technical support people determine if the file was "altered" after you allegedly uploaded the file?

    Are you employed by a public school district?

    Do you possess a "teaching credential"?

    You have many things to consider.

    An allegation doesn't PROVE you did anything illicit or untoward.

    If you KNOW that you're INNOCENT, it would be foolish to admit to something you didn't do!

    If you, however, did commit this heinous, stupid, unnecessary misdeed, expect to reap some rather harsh and lasting consequences.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Are you a teacher? I ask because I've never heard teachers referred to as having "managers." If the answer is yes, what grade level do you teach? Public or private? How is it that you did this "inadvertently"? How and from whom did you acquire the "student assignment" that you "inadvertently uploaded"?

    We have no reason to believe you cannot.

    I have no idea what you might mean by "kind of 'investigation'" or why you have the word "investigation" in quotation marks.

    You're going to have to provide more information if you want feedback that might be useful.
     
  5. Reed Lee

    Reed Lee Law Topic Starter New Member

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    I am a teacher in a public elementary school. I was recording a video for students to use with their work. The mute button on my mic was apparently not working. Comments from a news feed I was reading were recorded. I used the quotations because I don’t know much actual investigation HR does. Or what they would investigate. It is on record that the video was recorded by me, and uploaded by me. My principal is on record as saying the remarks recorded are not the reflective of the person I am. My issue is that she said HR wants a written admission of guilt and an apology. The one thing I know about HR is that if they recommend something, it’s good them, and bad for you.
     
  6. zddoodah

    zddoodah Well-Known Member

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    I'm still confused. You were recording a video for students and stopped in the middle of it to read a news feed. Nothing odd there, but you mentioned the mute button. If you were recording a video and wanted to stop to read a news feed, I would expect you'd hit the pause button, not the mute button. Otherwise, you'd have a long gap of silence. In any event, I assume that the "racially sensitive comments" were in the news feed that you read them out loud such that your reading of the comments appears on the video. Correct?

    Also, since you're a public school teacher, are you a member of a teacher's union? If so, this is something that you really ought to be discussing with a union rep. Also, is the "written admission of guilt and . . . apology" something you're being asked to write or is it something that HR is going to write and give to you to sign or not sign?
     
  7. army judge

    army judge Super Moderator

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    If you are a member of the union, I suggest you discuss this with your union rep. BEFORE doing, saying, or admitting to anything.

    If you don't belong to any union, you should speak with a labor law, or employment law attorney BEFORE saying, admitting, or doing anything.

    If you admit to something, you could end up being terminated and your teaching license MIGHT be revoked.

    Good luck.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    What were the comments that were on the news feed that were objectionable to one parent that was bad enough to cause this firestorm?

    Quote them please.
     
  9. cbg

    cbg Super Moderator

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    Types of things HR will investigate:

    How did this happen? Could you have avoided it? Who heard it? How? Does it violate any school policy? How can something of the sort be avoided in the future? Has the same thing happened to any other teacher and if so, how was it handled then? Does it warrant taking any disciplinary action or not?

    And that's just off the top of my head.
     
    hrforme likes this.

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