Re: Thank you Beth - more.....

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On 1/09/02, Sad Wife wrote:
> If he could prove this woman was knowingly and falsely
>> accusing him in order to do him harm (career damage, loss of
>> employment, etc.), he'd have a course of action against her
>> for slander, perhaps tortious interference, and/or other
>> claims.
>
> He can. There are employees who have been contacted by another
> subordinate of my husband (her friend) who claims that she is
> helping her friend get "dirt" on my husband in order to "take
> him down" during this investigation. Both women were overheard
> saying "we'll see who lasts".
>
> Since I made this post, I have done extensive research into
> EEOC investigative procedures and court cases involving
> discrimination/harassment (esp. findings of false claims in the
> presence of poor performance). What I have found is that the
> procedures the human resources department are utilizing do not
> follow the guidelines as outlined by the EEOC. Guidelines such
> as having objective representation (an unbiased investigator),
> a lack of credibility evaluation (could the accuser be lying),
> improper documentation, and improper questioning.
>
> This isn't just a battle with the malicious employee, it is the
> overthrow and revamping of internal human resources
> investigative procedures, something even individuals in my
> husband's corner (including his boss) are hesitant to tackle in
> the current political environment.
>
> One thing I don't understand is how they are able to single out
> the supervisor (my husband) for investigation when he made no
> managerial decisions or performance reviews without the
> approval of his superior AND a member of the human resources
> department.
>
> Thank you for your previous advice, it offered a good starting
> point and an objective look at the situation.

I can't comment on your husband's employer's
compliance/investigative processses as obviously I don't know
what those are and whether they meet EEOC guidelines. IF there
is evidence that this woman is falsely accusing your husband of
harassment, then it's time to see an attorney. If this is known
to company management and credible co-workers are willing to make
statements to that effect, it makes the situation easier to deal
with. (Not easy, but easier.)

It's still very probably going to be a convoluted legal problem
for the company if they discipline or discharge this employee but
it gives them the basis they may have been previously lacking to
take action. Having handled a situation like this once or twice,
I honestly don't want to presume to suggest what your husband's
employer specifically ought to do, except that doing nothing
about her will definitely not serve them well. If they're going
about this the proper way, I expect there is a lot of legal
strategy going on behind scenes - but who knows?

Based upon your first post, it appears this woman is specifically
accusing your husband of harassment/discrimination, which is why
he has been singled out for investigation. If that's not the
case, then it makes less sense to me but without a full
disclosure of the entire situation and history, it's difficult to
comment. It does appear your husband would be well served to
consult with an employment law/civil rights attorney and get an
expert legal opnion. Good luck.

Re: Termed..., 1/19/02, by Sad Wife.

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