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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 89533
Experience:  20+ Years of Employment Law Experience
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Hello, I have been accused of harassment and retaliation

Resolved Question:

Hello,

I have been accused of harassment and retaliation by a subordinate. She has filed this kind of complaint to the two previous supervisors in the past. I am a female and VP at a college. I have had to write her up on several occasions. The last occasion was when a co-worker found copies of passports, drivers licenses, loan documents unsecured under her desk, a FERPA violation. The President and HR had a conference call with this person and myself. She had no excuse for not doing the filing. However, right after that incident was when the harassment complaint came from HR against me. I am doing what the President said to do and hold her accountable. She also spoke poorly about a co-work to a student saying that co-work "threw her under the bus" and was a bitch for turning in the discovery of the bin of sensitive documents. I next had to counsel this employee who is accusing me of harassment that she signed a non-disparagement policy and this behavior was unacceptable.

I am at a loss on what to do to protect myself from this person. She has been asking other employees to write letters to HR about me. I have not done anything wrong, except to hold all of my staff accountable for their work. HR now is coming in to interview me. What can I do?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 9 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.

You need to write your response to the allegation she is making with your proof that this complaint is simply retaliatory based on her violations.

Once you get this frivolous complaint closed by the employer, which they should if you prove what you said above, then you can consider suing her for defamation in making a known false complaint against you to damage your reputation with your employer.



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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 9 months ago.

Thank you for the response. I know I did not do anything wrong, but this is still upsetting. This employee has been trouble to the college for years and I have done my best to be cordial and to stay away from any interactions with her due to her past and current behavior.


 


I have copies of all emails documenting the the infractions she has made. I also have another employee on a PIP, so she is not being singled out. What is your best advise about how I can handle myself when being interviewed by HR? Can I bring an attorney with me to the meeting?

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

Of course it is upsetting. It is an indication of today's society, people cannot take responsibility for their own actions so when they are disciplined it is always someone else's fault never their own.

You can ask the employer if you can bring your attorney, some employers will not allow it and you do not have a legal right to have an attorney at the meeting.

In being interviewed by HR you need to bring proof of all of your problems with her and all of your documentation and throw her under the bus showing she is a bad employee and using this to retaliate against you for making her do her job.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 89533
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and 7 other Employment Law Specialists are ready to help you

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