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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117401
Experience:  20+ Years of Employment Law Experience
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I am a general manager advertising arm of Comcast. I have

Customer Question

I am a general manager for the advertising arm of Comcast. I have been in my current position, in good standing for 9 years. We do an annual employee survey, and I requested an investigation from HR to drill in with some of my direct reports. Long story short, my HR Director is in a relationship (friendship) with one of my direct reports and my feeling is she presented a very slanted response based on one or two employees who are currently under performing. it escalated and was presented to me with my boss and our divisional VP of hr. the meeting was two hours, I had to listen to a series of assessments and told I couldn't respond. there were comments made in the meeting that led me to believe that they are placing judgment, yet are not allowing me to have a voice. wondering if I should consult with an attorney. I am a highly compensated employee. My field is very narrow. I am feeling railroaded.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year 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.

Legally, you do not have an absolute right to respond, but if there are inaccuracies being reported and you have the actual evidence to support your claims, you can prepare a written rebuttal and attach the evidence and you can submit it to your divisional manager and their superior as well and ask them to include that in their HR file. They have the legal option to include it or not and that is all you can do with that.

Unfortunately, you do know that unless you have a written contract saying something to the contrary, you are at will, so in order to have a claim against the employer you have to prove their actions are based only on your age/race/sex/disability/national origin or that perhaps there is a sexual relationship between HR person and your direct report and as such you are being discriminated against because of that relationship (which is a form of sexual harassment).

Other than these things, it may be premature to get an attorney deeply involved yet until you put evidence together that they are retaliating against you or discriminating against you based on age/race/sex/disability/national origin or they are violating the terms of any written contract you may have. Once you have such evidence, then it is time to get a local employment law attorney and there are some that specialize in highly compensated executive employment law, which is what you need, to work with you and the employer to negotiate a resolution or to negotiate a proper exit package.