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MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6135
Experience:  Experienced attorney representing companies and individuals in employment law matters and litigation
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If you are accused of doing or saying something to another

Customer Question

If you are accused of doing or saying something to another employee and there is no evidence except for one person saying you have done or said somehting can it go into your employee file and if so does your HR department have to notify you of the accusations?
Submitted: 5 years ago.
Category: Employment Law
Expert:  MDLaw replied 5 years ago.
Yes, your employer has the right to put such an accusation in your personnel file if someone has made a report or complaint to them. You have the right to ask if they will let you put in a rebuttal. Your HR department does not have to notify you of the accusation. They do have an obligation to investigate though if the allegations involved potential violations of law.

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Customer: replied 5 years ago.

We had a lady that was proven through out the company of having break downs such as shanking cubicals , throwing things, screaming at people they switched her to three differet locations and then she started telling everyone that myself and three other co workers were trying to push her out of her job we had several meetings with senoir management and HR to assure her no one was trying to get ride of her etc.... the situation got worse and she was written up now she is claming that I said things about old people which is far from the truth and other accusations I did not speak with her much because she was slamming items around the office and would snap at me and grit her teeth the other she was also aggressive with others in my department and several other branches of our company also others have witnesses her extreme melt downs and this was her last department she could work at and management and HR made us put up with her accusations and tratment for almost 2 years and this was on a daily bases now they are acting like it is the three of us at fault . As I stated we practically begged for help . What is my best recourse at this point? Also there are probably more than 10 people who have witnessed her rash behavior and senior management stated to the three of us that the reason she was moved to our department was because her supervisor at the time could not deal with her and they did not want her in front of custmers and this was the last place to send her. what should I do?

 

Expert:  MDLaw replied 5 years ago.
Your recourse is only to complain to HR if she has not done anything illegal. Unfortunately, slamming items around the office and gritting one's teeth does not violate any laws. Sorry!

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 5 years ago.
But if this was continuous and her actions were aggresive would this not consitute as a hostile enviroment? Also if someone acts to the extreme in her actions would that not be the responsiblity for HR to take some kind of action? Or are you just subject to take her weird under her breath remarks snapping at you and accusing you of something with no merrit?
Expert:  MDLaw replied 5 years ago.
No, a hostile environment is one in which there is discrimination based on a person's age, race, gender, disability, religion, or national origin.

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 5 years ago.
so basically others effected by her actions are subject to just take it and too bad ? Even if you feel your safety is in jeporidy?
Expert:  MDLaw replied 5 years ago.
It is up to HR as to how they want to deal with it. If you feel that your safety is in jeopardy (which you did not mention previously), then your recourse would obviously be to call the police.

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 5 years ago.
Should I get a lawyer ? Also should I consider gettiing a restaint order?
Expert:  MDLaw replied 5 years ago.
Sure, you can hire a lawyer but not sure how that will help you since it does not seem like anyone is doing anything illegal. Unless you have left out some facts, I'm also not sure why you would get a restraining order. You didn't mention anything about anyone threatening your life. If your life is threatened or you are being stalked, then sure, you should try to get a restraining order.

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.
Customer: replied 5 years ago.

Welll she quit and started we were against her because of her age and several times she was assured that no that was not going to happen . We have several people her age and older working for the company and I personally eat lunch and take breaks with a lady everyday that is older than her. I guess with her i behavior I want to make sure that we are protected personally from legal actions and actions from HR since we followed all direction by HR and sought out help time after time with senior management . Also there are several employees that have seen her behavior and actions in the pass. Would it just be better to wait out the situation?

Expert:  MDLaw replied 5 years ago.
I believe I have already told you what your legal options are. HR is only obligated to act when illegal activity is taking place.

Please let me know if you need any clarification. Otherwise, please remember to hit the green ACCEPT button as that is the only way that we experts get compensated for our time, expertise, and research. We do not get paid by the website and so we rely on customers to honor the honor system and accept our responses so that we can continue to provide this service to people such as yourself. When leaving feedback, please also remember that we experts do not make the laws. We only report what the laws are and so please do not shoot the messenger.