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I am a supervisor that provides a mid-year and annual evaluations of employees working for me. One employee who is a Native American, received an evalutation from me that was not to his agreement. He filed an EEOC with my company against me. The company has ruled that the EEOC was unfounded, but I have never seen the complaints submitted against me. He also called two of my direct reports or peers to him and advise them that he had submitted at EEOC complaint against me and that the EEO department would be in contact with them. They advised me he did not try and steer them and I advise my direct report to tell the truth when contacted. I believe that my reputation has been damaged and that more people have been called by this employee to try and retaliate against me for the evaluation I gave him. I have been called into HQ to discuss with my supervisor and his boss who is a AVP. I was not allowed to see the complaint filed against me, but was given a summary.
State/Country relating to Question: Utah Already Tried: I have not been provided any answer to the complaint filed against me other than that a EEOC complaint was not substanciated. I was told people have been contacted but not allowed to see who they contacted or what they said. It seems that beside the EEO complaint filed they are looking at digging up anything that they might find. I am a 59 year old male. I have workedbo for the companay for almost 37 years. I beleive that I should see the total compalint filed against me. I have been told that the complaint went to the VP of HR and the CEO of the corporation. I would like to address the complaint, but no body is willing to show this to me and I was told that HR did not want me to see the complaint. My boss and his supervisor are supportive of me. The evaulation of the employee had to do with leadership issues that are documented along with and honesty issue where in front of a witness and me was totally candid
What exactly is your question? Do you want to know if you have grounds to sue the individual?
I think I have been slandered by this employee, by contacting my direct reports and telling them he filed a EEO complaint against me. I am thinking of a suit, if the company does not provide the compalint made against me
To file a defamation suit you must show some sort of injury--can you prove that you were injured by this person? Were you demoted, suspended, cut in pay, or otherwise mistreated?
Not at this time, but I am concerned about my employeement with the company. I want to know my rights about obtaining a copy of the EEO complaint as the company has told me that they did not view it as an EEO.
I am also looking for advise on how to handle the matter with the company
If you have no injury, you have no cause to bring suit. You also have no need to see the EEO unless the company decides to bring it against you. What you can do is this, however: 1. Know that if you ARE demoted, suspended, cut in pay, or otherwise mistreated, you have a bona fide claim yourself through the EEOC for retaliation, and possibly wrongful termination if it gets that far. 2. If that occurs, you can file a defamation suit against the ex-employee but be aware that those suits are very hard to win. 3. Your very best bet is to keep in touch with human resources, and demand that they keep you up to date with any changes. Otherwise there is not much more you can do unless something negative begins to impact you--if that occurs see step 1, and then consider retaining an employment discrimination law attorney. Sincerely, Dimitry Alexander Kaplun, Esq.
My understanding beside the EEO complaint, is he complained about me as a supervisor but I don't know the allegation, because they have not been shared.
If that complaint was not used against you, there is no injury. Sincerely, Dimitry Alexander Kaplun, Esq. ___________________________________________________________________ Please click "accept" so I can be compensated for my assistance. Thank you!
Attorney
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