Note: You are asking a new question, and not a follow-up. I am answering in good faith -- hopefully you will appreciate the value of my response.What if whatever he said is not going to happen?
A: The employer isn't following its own policy. HR probably knows this, but it has been instructed to get rid of you first and investigate second. Unless you raise a credible complaint of sexual harassment, you're probably terminated. HR doesn't want to officially notify you until it is reasonably certain that you don't have an unlawful discrimination claim for which you can obtain attorney's fees and costs of suit, regardless of the employer's policy
May I request the copy of the investigation report and know who was interviewed and how the conclusion about the incident was reached?
A: You are legally entitled to review your personnel file while you are an employee (Labor Code 1198.5). The law is unsettled re whether or not you can review the file after termination of employment. And, at this moment, the information you seek probably is not yet in your file. So, you have a bit of a catch-22, in that you won't be able to request review so as to see the information you want, until after you're fired.
However, if you were to sue, you could force discovery of the file so as to prove that the employer did not follow its own disciplinary policy.
How this termination will affect my future employment and job search?
A: Most large employers will not provide any information re termination other than start and end date of employment. There are too many risks of legal action by the employee which can be easily mitigated by simply refusing to release any information. However, at this time, many employers are simply excluding all unemployed job applicants. This creates a difficult situation. The EEOC is investigating the possibility that this type of blanket policy disparately impacts minority job applicants -- so, it may be outlawed at some point. At the moment, however, the policy is somewhat widespread.
What I have observed as a successful means of obtaining employment is to obtain employment with a temporary staffing agency, and using that to prove marketable skills so as to obtain full-time employment.
May I negotiate/discuss the wording with the employer for termination?
A: You can discuss whatever you want. In my experience, the more you discuss, the better HR can mitigate employer risk. I would be somewhat reluctant to provide anything to HR other than to say, "I have done absolutely nothing wrong, and my supervisor's actions seem to be related to unlawful discrimination. Moreover, the current suspension appears to violate employer disciplinary policy. You have the option of maintaining my employment or not. However, unless you are prepared to guarantee my continued employment in writing for some reasonable fixed-future period of time, then I have nothing further to say."
Now, I realize that this stance is extremely adversarial, but, once again, my experience is that HR is not calling to help you, but rather to mitigate its employer risk. Once you disclose your position in detail, HR can figure out how to mitigate the risk, and then, your suspension may turn into a termnation. That's how the game is played.
Hope this helps.
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