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Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience:  Review contracts for major corporations
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I was called in to the office last week by a manager and told

Resolved Question:

I was called in to the office last week by a manager and told that an
EEO complaint had been filed on me by a coworker but would not tell
Me what the complaint was or when it was filed he just who filed it
he said he was just
Fact finding and had not read the compliant yet. That was 9 days ago
Don't they have to at least tell me what the complaint falls under? what
Should happen now
Submitted: 9 months ago.
Category: Employment Law
Expert:  Jack R. replied 9 months ago.

Thank you for choosing Just Answer. My name is XXXXX XXXXX X will try to assist you.

 

Different managers have differing ways to handle these types of complaints.Confidentiality is paramount in these investigations and all participants will be told to keep the discussions private. Ultimately you will need to be told what the offensive conduct was, but not necessarily who made the complaint. Since your manager did not read the complaint he/she did not have much to tell you. It is quite possible the complaint was invalid and not a real EEO issue as written. It is also possible that a preliminary investigation by Human Resources Department determined there was no basis for the complaint and no follow up action required. For example the complainant may be overly sensitive or the actions to not rise to harassment or other illegal conduct under the law.

 

Fact finding is the first step in handling the complaint. This includes questioning not only the parties involved, but other co-workers. Management then needs to determine whether and what actions need to be taken to eliminate the problem if one exists. All questioning is confidential and in some cases the complainant may not be divulged to you. For example it is possible the person complaining is not the person against whom the alleged improper conduct occurred.

 

If a real basis for the complaint exists you will be contacted/questioned in depth by representatives from HR, and your manager. They will ask you about the contents of the complaint and if appropriate identify the complainant to you. The nature of the complaint may also provide clues as to who the complainant was.

 

You should also be aware that in some cases complaints are made against groups of employees rather than individuals. You should not assume you did anything wrong (unless you know that you did), or that the complaint was directed against you individually.

 

If this answer was informative pleas press ACCEPT at the appropriate rating. If you have follow up questions please ask.

 

 

Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience: Review contracts for major corporations
Jack R. and other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

Here is the thing I already know who filed it. When I was pulled in to the office he told me that there was an EEO complaint filed againt me by the other employee and he gave me her name. But not what the complaint was. They are also making sure we don't work together if she is upstairs than I am down so on and so forth. I just don't understand why he would tell me her name. I was also told by my supervisor that a meeting had been set up between the girl and the manager and he and invited all the Supervisors to go but that none of them had and I don't understand why he would do that either and still not let me know what the complaint was. He also told me I can't tell anyone why we are not working together yet she is telling everyone at work why we are not.

Expert:  Jack R. replied 9 months ago.

Ultimately you would have to know her name and the basis of teh complaint because remedial action could requre you to remain separate and require behavior modification. The management team is required to address alleged EEO violations. Convening all supervisors could be to determine if the basis of the complaint affected other employees or to formulate a response.

 

If a valid situation exists requiring action, and the company fails to take action the company could be liable for damages. In many cases keeping the parties separate prevents the problem from continuing or getting worse. From a legal perspective it also demonstrates that management is actively trying to remedy the situation.

 

In your initial question you stated your manager did not read the complaint when he first talked to you. You will be given an opportunity to respond to the complaint itself once all the facts, and evidence are collected by the managers.

 

Please ACCEPT my response by rating my answer 3 stars or better. This is the obnly way I receive credit for my response. If you have follow up questions please ask.

Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience: Review contracts for major corporations
Jack R. and other Employment Law Specialists are ready to help you

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