Writing's on the wall

[anonymous]

This week I learned of an upcoming meeting with HR that sounded ominous. I couldn't shake the feeling that the meeting was going to be aimed at me, because of the particular people invited, although I also could not think why such a meeting would be scheduled.

The meeting took place and it was bad. Someone who was on the point of being fired has filed a fabricated complaint against me for bullying, and threatened that if she is fired she will sue for discrimination/being retaliated against. My employer is not interested in my side; they just want to make this woman happy so she will not sue them. I am in shock. I am normally criticized for being too quiet, not being assertive enough. All I want to do is crawl into bed and cry.

I'm so stressed. I can't sleep, I can't eat, I can't settle down. I pace up and down and can't imagine how I will go to work tomorrow morning. This woman made up these allegations and there is no corroboration for her story. HR people talked to all the office staff and no one saw or heard what is supposed to have happened (because it never did). But apparently another person reported that I told her derogatory things about the first woman. I never ever speak with Person #2; she is chronically resentful that she wasn't sent for training in Florida in March, and she never speaks to me even when our jobs require it. It is not possible that I would ever share any thoughts with her, far less tell her negative opinions about someone else. But I'm not allowed to defend myself. My employer doesn't owe me due process.

I can't imagine how I can prevent it happening again - I will have to try never to be alone with any other co-worker, and even then they can make up fabrications. I am such an emotional and physical wreck today ... I am on trial at work. Whatever I do, I suspect my head is about to roll.

[limey]

That sounds awful. Can you not find anyone who can speak up for you? Outside of HR?
Hugs to you. I wish I could help more.

[footfootfoot]

Fuck that noise, counter sue the employer for unlawful termination and all the sexual harrassement you've had to endure including the HR person who told you if you wanted to keep your job, you could take care of things "The old fashioned way."

If that's the game they want to play then fucking bring it and take them to the mat.

I continue to hate everything.

[Gravdigr]

What Feet said.

Only, have your lawyer do your talking for ya.

You know, if they're that afraid of lawyers, and lawsuits.

[Nirvana]

HR is the debbil! There are gossip issues at my job that involve my name but I have done nothing, I feel your pain

[DanaC]

Counterattack. Definitely.

In this kind of situation, the person who presents the company with the smallest threat in terms of legal action and reputational damage is a lot easier to shaft.

Counter sue for unlawful termination if that's how it goes, or an attempt at constructive dismissal if this ends in warnings/black marks on your employment record. Also for the resultant stress and reputational damage from being subjected to false allegations and the company's failure to protect you from them through a fair investigation. If they slam down on her side without proper investigation then they are effectively facilitating workplace bullying.

[monster]

What are they threatening you with? And why would an employee who is being bullied want to stay?

[anonymous]

At the moment it's black marks in my record, and I'm not sure if I have to disclose those black marks to the state when my license renewal comes up. Or if they get sent to the public database, which would also publicly tar and feather me.

I honestly wonder if they are trying to intimidate me into resigning, six weeks before I qualify for increased and potentially expensive benefits should my in-remission illness recur. I wonder if this is an EEOC case, or if the EEOC would find it too nebulous. But constructive dismissal - that's the term, thanks Dana. That's what they're doing.

I've searched online all day and found that here, employees have few to no rights when it comes to workplace investigations. Employers don't have an obligation to provide due process, nor to conduct a fair investigation. They can pretty much do what they want. Then my only option is to sue and hope - but countersuits for false workplace bullying allegations seem only to have succeeded in the UK and Australia, and not here in the US of A.

I have stopped blubbering, although I am still hyperventilating and having chest pain, but I realize I need a plan for tomorrow. I do plan to find a nasty, aggressive attorney. I also plan to find out how long my job has been advertised on the market. And contact my family doc for something for sleep, because it's going on 96 hours now.

Thanks for the suggestions and support, all. I'll let my attorney talk for me once I find him/her. As for tomorrow ... whatever I do/don't say, do/don't do, will be manipulated and misrepresented. If I'm quiet, I'll be treating them 'differently'. If I decline to help them with stuff their manager should take care of, I'll be perceived as hostile. (No good deed goes unpunished - I've helped them out of situations in the past year when they were incompetent, and had one complaint from a drug addict because I was the one dealing with him instead of them; and if I stop bailing them out now, they'll say I'm hostile.) Anyway, it promises to be a very tense day. Me trying to stay in company so there are always witnesses, them pretending ignorance as to my new behavior.

[Spexxvet]

Lawyer up. All the best

[footfootfoot]

And always get the nastiest, rottenest, son of a bitch, pitbull of a lawyer. NEver get someone you'd want to spend any time with on your off hours. It's always easier to reel a vicious one in than to set a meek one to attack.

[xoxoxoBruce]

Goddamnit, I previewed and didn't post... again.

Foots right, raise a big stink. The obviously don't link stink as they're willing to throw you to the wolves to prevent one. Worst case, the injustice has been documented in official lawyer papers, and if they get pissy, court papers and newspapers. If they force you down, take 'em with you. If they back off, I assure you they'll think twice before pulling that shit again.

[classicman]

Wow... WTF? I hate people more and more as I get older. Have you been there long? Do you have a history with the company or ???

Whatever you do, hire an asshole, NOT a good guy. Been there, done that.

[classicman]

they just want to make this woman happy so she will not sue them.

WE have one of these where I work as well.

[Gravdigr]

Originally Posted by classicman

Whatever you do, hire an asshole, NOT a good guy. Been there, done that.

I have a buddy who went to a random lawyer and paid the guy to name the sneakiest, dirtiest, most underhanded lawyer he knew, then hired that guy for his divorce.

He came out pretty good.

[anonymous]

I let my lawyer throw the right jargon into the ring, and things have changed. My employer has done a 180 and finally I am getting some support. One of the two liars is gone. The other is on the way out. There are still some personnel issues but I can see the plans taking shape to finesse their departures. And the boss, the guy just under the CEO, has taken up residence literally in the chair next to me so that the toxicity is shut down and I can do my job.

I didn't expect this, truly - I figured I'd be leaving, moving to another state, and had been looking into possibilities. But it seems the head of HR messed up (I will not forget how he treated me at that meeting) and I am actually regarded as something of an asset.

I don't trust anyone anymore, but I will see how things go along. I still have my lawyer.