California Employment Law
California Employment Law Questions Answered by Legal Experts
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If being questioned by my HR department for an accurzation made by another employee (who has no proof) how can I be sure they will let me prove my side? They are known for just adding one question after another which just muddies the process and confuses the primary issue. I'm not very good at talking in this kind of thing and was hoping I could have help while being questioned. This is just the HR department as it was suggested I go to them instead of our ombudsman. Is one better then the other?
I hate adding this to my first question, but I don't want my questions going to more then one person. And I may have one more tomorrow. If I just Accept Answer will I lose you? I playing it safe and just Reply to Expert. You can add charges if necessary.
If being questioned by my HR department for an accurzation made by another employee (who has no proof) how can I be sure they will let me prove my side?
A: You can't. And, in fact, you may be better served by simply telling HR something like: "I unequivocally deny any of allegations made by the other employee concerning my conduct, and I have nothing further to say concerning the matter. I am inclined to believe that your efforts are principally intended to ascertain whether our employer has any liability, and as soon as you make that determination, that you would be free to terminate my employee "at will," regardless of the outcome of the investigation. Therefore, I respectfully XXXXX XXXXX assist you in your efforts, unless you are prepared to provide me with a written promise that in exchange for my cooperation, that you will not terminate my employment for at least then next 12 months."
My comments here are self explanatory. HR doesn't work for you, and its interest is not yours. If you cannot obtain a concession in advance concerning your continued employment, then you are effectively giving away any leverage that you may have, in exchange for nothing.
They are known for just adding one question after another which just muddies the process and confuses the primary issue. I'm not very good at talking in this kind of thing and was hoping I could have help while being questioned. This is just the HR department as it was suggested I go to them instead of our ombudsman. Is one better then the other?
A: Everyone who works for an employer owes a duty of loyalty. No one can be an ombudsman, unless that person has been provided with express instructions that they are to act objectively and are released from any duty of loyalty to the employer. If that is the ombudsman's status, then it would be a far superior recourse to HR -- which is organized for the principal purpose of protecting the employer's interest against the employee. If not, then there is no difference other than the name: ombudsman.
If I just Accept Answer will I lose you?
A: If you use my userid in your future questions, then you will get me again.
You can add charges if necessary.
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Hope this helps.
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