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How To Best Deal with False Accusations at Workplace

1/14/2009

 
dealing with false accusations at workplace

One of the common reasons that employees are terminated is false accusations of some type of misconduct, including policy violation, insubordination and even violence at workplace. While sometimes those accusations have grounds and are well justified, often an employee is being accused of violent behavior by his co-workers or a supervisor who tries to "frame" him and have him fired for one reason or another. 

As an employee, you should keep in ind that your employer has a duty to investigate thoroughly and promptly any allegations of violence and other kinds of unlawful harassment, even if the employer doesn't believe the allegations to have any merit. Therefore, the employer is likely to find itself in a conundrum: if the employer doesn't believe the alleged victim and doesn't discipline the alleged perpetrator of violence, the company risks being sued by the victim for harassment and/or failure to prevent violence. If, on the other hand, the company take victim's side and demote, transfer or terminate an employee because of violence, the employer risks being sued by the disciplined employee for defamation.

If you have been falsely accused of violence and you are in a process of undergoing investigation, it's crucial that you comply with investigation, convey your side of the story in a clear and credible way and above all - show that you are not angry at anyone - you are not angry at the accuser, the investigator or the employer, and you do not wish harm upon anyone. In other words, if you want to maximize your chances of keeping your job,  you have to communicate to the investigator and your employer that by your own nature you are a good worker and that whatever you are accused of is very unlikely to have happened. 
​
Making an impression of a calm, rational, respectful and a non-confrontational person will help your employer justify the decision to believe you, take your side and not take any adverse employment action against you more than many other factors.

ken mccauley
7/2/2015 08:25:13 pm

was falsely accused of violence in the workplace towards another coworker. The fact is he was the one who threatened me first. He also had been making threats towards me 3-4 weeks prior to the incident. I went to the supervisors and nothing had been done. On the day of the incident I asked him a question which leads to an argument, which leads to him threatening me first, then me reacting. The next day I am told to go home and he isn't. They never once heard my side of the story nor did they question any of my witnesses. There is video no audio, it never shows me being the aggressor. In fact one their witnesses statements states that the other coworker threatened me first. The union failed to interview any of my witnesses. The fact that they never even looked into the possibility that I was telling the truth, shows a one sided decision. I was training a fellow employee that of the incident. She wrote a letter to the union stating that the other employee was instigating me. He would walk and flip me off and kept asking me when my lunch was, so we could fight. On the day I went to the union to meet up with the H.R person from my work. My union leader forgot to bring the statement that my fellow coworker wrote to her. I also pointed out to my union leaders that one of their company's witness statements clearly states that the other worker threatened me first. The loss prevention officer never let me tell him my side of the story. When he interviewed in the office he asked me questions, he wrote down different answers then the truthful answers I gave him. When we were at the union hall going over the video of the incident, loss prevention officer said there are three parts of the video. One of parts he couldn't play( it said on his computer file corrupt) the other two never show me being the aggressor. I have never ever been given a verbal warning or a written warning in regards to me ever showing any signs of me being anger, threatening or any violence towards another employee in the 10 years of employment. But I do have letters of me being promoted, receiving numerous customer service awards. It states in the employee handbook: The accused employee should be afforded ample opportunity to present his or her side of the story. This may require having more than one interview with the accused employee, not only at the beginning of the investigation but also at the end, giving the employee a final opportunity to comment on information gathered during the investigation before a conclusion is reached. An employer should implement a written policy specifying how allegations of misconduct will be investigated. The policy can provide for the following: that complaints will be treated seriously, investigated immediately and treated with confidentiality; that an attempt to identify all potential witnesses will be made; and that the accused employee will be allowed to respond to the charges. All these things and more never happened when they terminated me. I was never given these conditions. I have even more reasons why I feel I was wrongfully fired. The fact that they terminated me while I was on medical leave. And he the other employee involved in argument had been threatening me before the incident.The other employee who was yelling and cussing, and threatening me never had anything happen to him. I have received a letter from the E.E.O.C stating that I have the right-to-sue letter. I have just 90 days to sue them.
Thanks ken mccauley


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
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  • Submit Case
  • Contact
  • Resources
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    • Deposition Tips
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    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case