California Employment Law
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To the best of my knowledge, she has only filed an internal complaint at this time. My EEO department has not yet advised me of the nature of her complaint. They simply advised me that she had filed a formal complaint and that I will be contacted on September 25th for an interview regarding the allegations.
I absolutely did not use any language which could be construed as a racial slur, derogatory comment about gender, or anything like that.
I am very concerned because this employee has attempted to sue the company previously for a trumped-up charge, claiming that mold spores on the windows made her sick. Which I think speaks to her lack of character.
I am a white male 50 years old. She is an African american female about 30 years old. There were multiple witnesses to our altercation in the office. Unfortunately, one of the main witnesses is her personal friend who sits next to her. I can not attest to the honesty of her friend who should be considered biased witness at best.
My deepest fear is that the employee will realize that her complaint doesn't have much weight on it's own, and she may fabricate a story to try to hurt me. My former boss left the business on bad terms because a woman in our office claimed that he "touched her hand" while she was using her mouse. That employee is a drug abuser and one of the worst employees in our office. Yet it cost my boss his job and he was an outstanding success as a manager.
Thank you for your response. The only part that I feel uncertain about is the fact that she may realize that doesn't have much of a case and attempt to add more "dirt" to get me in trouble. The only other piece of dirt that she may want to add to her complaint is this; Another girl in our office who is our common friend, was looking at pictures on my cell phone. She decided to scroll through ALL of the pictures on my cell phone and we she found some that were sexually explicit, she showed them to my service rep. She thought it was a funny joke but I got the phone back and found that she had left the explicit picture open, I realized what she had done and I was embarrassed. Since I didn't share this with my employee, and another rep took it upon herself to scroll thru my private pictures. Does this put me in a bad spot? Since this is directly related to my original question, I wanted to present my concerns to you in their entirety. Thank you in advance for helping me I really appreciate your assistance.
Last part: The only other piece to my original question that I need to know is... what can/should I do at this time to take proactive action to protect myself. Or should I simply tell the truth to the EEO investigator and trust that everything will be okay. I'm sorry to be nit-picking here, but this is 14-year long career at this point and if I loose this job, I loose my beautiful home and everything else, so I have a TREMENDOUS amount on the line here. I hope you can understand how incredibly stressful and scary this is for me. Not to mention very frustrating considering the fact that this employee started the altercation by sticking her trash can out into the aisle way and then fought with me about placing it safely under her desk or the desk nearest to her. Thanks again. I'll stop bugging you after this.