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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 90296
Experience:  20+ Years of Employment Law Experience
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Hello, This is the second time same employee Is making false

Resolved Question:

Hello,

This is the second time same employee Is making false allegations, first time went to headquarters EEO and this time to chief of organization.
HR lost all paperwork from first EEO and because of that she is using the argument of: they didn't solve my issues two years ago.
First EEO clear myself of all charges, but now this employee went to chief of organization with allegations of money extortion glued to discrimination of gender.
It's very frustrating, my organization not even finished the investigation and already punished me - taking responsibility away.
What can I do, this person is using the system for personal interest.
Thanks
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you have been punished and have suffered some loss for false allegations, your recourse here is to file a suit against the employee for defamation and seek damages from them based on the losses you have suffered.

It is unfortunate that some employees seek to abuse the system that is meant to protect employees from real discrimination, but when they do and if the employer is punishing you prior to completion of the investigation, then your option is to sue the employee for making known false statements about you and causing you the loss.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 10 months ago.
Thanks for replying so fast.

How about the organization? Do, I have a valid complain against them?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

Unfortunately, the organization is legally bound to investigate, so as long as they are doing a proper investigation they are exempt from suit against them I am sorry to say. Your recourse I am sorry to say is only against the employee if they are making a known false statement against you.
Customer: replied 10 months ago.
Even if the Organization doesn't want to explain the process or educate me on this EEO process.
Also, them loosing the first EEO paperwork?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

I am afraid that the organization would not be liable for this to you sadly. Some organizations or parts of organizations do a better job than others, but legally the organization is not liable for this to you.
Customer: replied 10 months ago.
Do you need to be notified verbally or in writing?
If the investigators are federal agents, do you still have rights as a citizen like they have to mirandize you, and tell you what your being accused of?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your response.

You can be notified either way, verbally or in writing. As this is not a criminal investigation, no Miranda rights are required.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 90296
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 4 other Employment Law Specialists are ready to help you

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