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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19130
Experience:  B.A.; M.B.A.; J.D.
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An internal investigation was started at the end of June

Customer Question

An internal investigation was started at the end of June 2015 alleging both criminal and noncriminal conduct. I was notified on Thanksgiving Day 2015 that no criminal charges would be filed after the investigation was concluded due to untrue statements made by those making the allegations. I was never suspended during the investigation however I did loose a promotion to which I received an interview for and was more than qualified to receive while this investigation was still being conducted. I believe the investigation was purposely delayed in part to the possibility of the promotion. Do I have any remedies in this mater.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I work for a municipal government agency in Kansas and was never questioned by the investigator conducting the investigation. I have also yet to receive a copy of the investigation which I have requested on multiple occasions as well. The investigation also leaked outside of the agency and I was contacted by individuals who were never a party in the investigation and notified that they had heard from others that I was being investigated and they wanted me to tell them what it was all about.
Expert:  Phillips Esq. replied 1 year ago.

I am sorry to read about your difficulties.

Unfortunately, based on the information that you have provided on your post here, I do not see any remedy in your case. It would be very difficult for you to prove that the investigation was delayed to deny you the opportunity for promotion.

As for the dissemination of the information that you were being investigated to the parties who were not part of the investigation, your privacy was violated. You can file complaint with the department in your agency that handles employee grievances to look into the matter. The investigation was supposed to be private and not to be broadcast to the general population of employees. Nevertheless, you would not have claim for defamation of character if these employees were not told the nature of the investigation, which then concluded in your favor because the allegations were unfounded.

Customer: replied 1 year ago.
Is there something I can do in order to push for a complete copy of the investigation, which is something I was told that I would receive and have yet to receive it? The other problem I have with this is that I am a law enforcement officer and in 2014 the state legislature amended the crime of Interference with Law Enforcement to also include "...falsely report to a law enforcement officer, law enforcement agency, or state investigative agency...that a law enforcement officer has committed a crime or committed misconduct in the performance of such officer's duties, knowing that such information is false and intending that the officer or agency shall act in reliance upon such information..." I do have some preliminary documentation from the start of the investigation, including the original statements that started the investigation that were written by the now new Assistant Chief's (story for a different time and a different topic even though her promotion also occurred during this same course of events) friends and acquaintances and when asked if charges would be filed against them for the false statements leading to the initial investigation I was informed that it most likely would not go anywhere and was also informed/reminded that I could not take action against those individuals either.If this has gone off subject I apologize, please just let me know that this is a topic for a different discussion. I do thank you for the help in the matter.
Expert:  Phillips Esq. replied 1 year ago.

Oh, no. You are still on topic and thank for you for the additional information.

You need to contact the agency that has oversight responsibilities of your agency about the false reports regarding punishment for those who made the initial false reports. You may also take the matter to the prosecutor's office to see if charges could be brought.

You need to make a formal demand for the complete copy of of the investigative report. If your request is ignored or denied. you need to contact the agency with oversight responsibilities over your agency. You may as a last resort file lawsuit to get the information.

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