Accusations of non-sexual harassment

[artbrat]

Hello all:

 

I'll try to be concise with this issue. I recently had an argument with a co-worker. She and I are known not to be on the greatest of terms. However, when this incident happened, I felt a need to stick up for myself and call her out after she was rude to me in front of my team members. There's been a long history of tension between her, the few friends she has in the department and me. At one point it was discovered they wrote emails saying terrible things about me and a few others and I overheard her make references to my sexual orientation in a hurtful way. After this argument, I was called in to HR and said a harassment investigation is underway against me. Also, I am angry or hostile, refuse any work that is beneath me, I am intimidating and difficult. I do admit getting frustrated quickly and voicing my opinion when others won't carry their weight and abuse company time while I'm buried with projects. But the other opinions are simply that. It seems our HR person claims he "interviewed" most of the department and their opinion was the same as hers. I know for a fact that's not true. I was asked to complete a blank form to respond, in one day. However I didn't have anything in writing to address her accusation that this argument was an attack on her. I was also accused of insubordination and violating company policy. I approached my manager and her answers to the insubordination and violating policy were vague. She could not provide clear cut examples, except for one or two things I supposedly did. She talked in circles and it made absolutely no sense. I was actually chastised for working too many hours, coming in early and it was suggested I handle personal issues (like outside projects and phone calls) all day. That is simply not true. I work hard, do not abuse company time as it was suggested and I'm not a time waster. The only violation is, my mouth got me into trouble. I acknowledged that and took ownership. I was not abusive or harassing as this co-worker claims. The argument was not a big deal in my opinion. This harassment allegation came from the argument between my co-worker and I. The other stuff is supposed "opinions" of her "friends" and I was told these were issues HR found out about me during these "interviews". My reputation is at stake. My boss is being very aloof and will not seem to provide any real facts regarding the "other things" HR found out about me besides this argument. She was evasive to all my questions. Nothing made sense at all.

 

Do I have any right to ask for a written document of this co-worker's allegation so I can properly address it? I was informed verbally of this so called harassment and the other issues regarding my attitude were add ons. Can I ask for the form back and get more time to really think about my version of the story? I felt intimidated and rushed to get this form completed by the end of day. Other team members were present and they were not asked about the incident. I feel like there's more to this. We have an intern that my boss seems to want on staff. However, someone will have to go. I'm thinking this may be an opportunity to create an opening if they ultimately fire me. This is not a warning from my understanding. Simply an investigation. However it is a serious allegation and could turn ugly and escalate. All of a sudden, I'm under the microscope. All past reviews are excellent. I've never been written up and I'm highly regarded for my skills and talent, so I was told. Where the other stuff came from, I don't know.

 

Any suggestions?

 

~peace~

[Taramere]

Your first call, in any situation like this, would be to look through the employer's internal guidelines for disciplinary and grievance procedures. As you've got an HR dept on site, I'm assuming they do have this. It should outline your rights fairly clearly. Also, if you're part of a union you should be seeking advice from your union without delay.

 

Where I live, employers are required by law to clearly state any complaint against an employee where disciplinary procedures are being taken against that employee. You need to check the situation in your jurisdiction. The usual advice is to speak to a lawyer if you're really stuck about this, or in need of professional support. I don't think it would be all that difficult for you to research for yourself what the statutory obligations on employers in your area are, as far as providing you with a clear statement of the complaint against you goes.

 

If you're being pressurised to respond to this tomorrow, and they're not giving you time to consult with anyone, I'd be inclined to send an email to the relevant person stating that you need to know if they are taking formal disciplinary proceedings against you - and, if so, that you require sight of their written procedures so that you are able to respond appropriately. That they will appreciate you cannot respond "blindly" to allegations that, while vague, could well lead to a situation which has serious professional repercussions for you.

 

Edit: You referred to emails that were being circulated and which speculated on your sexuality. How long ago was that, and is it something you made a complaint about at the time?

[artbrat]

Taramere:

 

Thanks for your reply. I already turned in the form. I was "counseled" by the HR person in the morning and he wanted it by end of day. Afterwards, I thought about it and realized I had nothing but my own memory of the conversation with him to respond to. However I simply stated facts, nothing emotional to make me sound defensive. I believe I did nothing wrong but stand up for myself.

 

The emails and the sexual orientation comment were two separate incidents. The emails were found by a co-worker in January 08. She was also mentioned in these exchanges between four people. I was asked to go with this co-worker to HR and met with this very same HR person. He let me see what was written. Awful to say the least. Full of malice and hateful comments. I overheard my accuser refer to my sexual orientation in a derogatory way in the Fall of 07. I did not go forward with a formal complaint since it was an emotionally painful incident. My mistake!! However I did inform this same HR person via email of what I heard, details, where and how it occurred, etc.

 

This is a fortune 500 company. I am in the professional services area and we do not have a union. We do have a grievance procedure that states an employee must use that internal route to the full extent. So, I doubt a lawyer can only hurt me right now until I jump through the hoops. Perhaps I'm paranoid, but I feel like they are forcing my hand for some reason. Believe me, I don't "go off" on people unless I'm provoked. In this case I was, but her "friends" didn't see or hear that part of the argument.

 

The most bothersome thing is that all these other issues suddenly came up with the accusation. They were add ons. I was blind-sighted and it was demeaning to listen to someone from HR tell me I had all these "problems". I hoped my boss could explain them in detail. She was evasive and vague, barely able to look me in the eyes as I questioned her. I want to make it clear without sounding like I'm retaliating that I do have a right to know the specifics of this accusation. Not a memory of a conversation between HR and me.

 

This is very disconcerting and I have a good reputation, excellent work ethic and I believe I'm well liked and respected by my peers in the company.

 

Any help will be appreciated.

[Taramere]

The emails and the sexual orientation comment were two separate incidents. The emails were found by a co-worker in January 08. She was also mentioned in these exchanges between four people. I was asked to go with this co-worker to HR and met with this very same HR person. He let me see what was written. Awful to say the least. Full of malice and hateful comments. I overheard my accuser refer to my sexual orientation in a derogatory way in the Fall of 07. I did not go forward with a formal complaint since it was an emotionally painful incident. My mistake!! However I did inform this same HR person via email of what I heard, details, where and how it occurred, etc.

 

I'm confused by that. It seems to me that if these emails were brought to the attention of the HR Dept then regardless of whether or not you made a formal complaint through the correct channels, this is something they should have addressed with the guilty parties through the proper channels. They had the emails in their hands. An employer surely doesn't have to wait for someone to raise a grievance before addressing improper conduct that they have clear evidence of in the form of emails.

 

This is a fortune 500 company. I am in the professional services area and we do not have a union. We do have a grievance procedure that states an employee must use that internal route to the full extent. So, I doubt a lawyer can only hurt me right now until I jump through the hoops.

 

There's nothing to stop you privately going to see a lawyer for some preliminary advice, though. The company don't need to know you're doing it, and the lawyer won't contact them unless you give them specific instructions to do so (though for your own peace of mind you would, of course, confirm that with the lawyer).

 

Perhaps I'm paranoid, but I feel like they are forcing my hand for some reason. Believe me, I don't "go off" on people unless I'm provoked. In this case I was, but her "friends" didn't see or hear that part of the argument.

 

You're bound to feel under stress here. From what you've said in both your posts here, you are being faced with criticism that's pretty personal in its nature. What they're essentially saying, regarding your demeanour at work, is that you're difficult and intimidating to deal with.

 

Their criticisms of how you deal with the work itself are

 

a) That you refuse to follow instructions (refusal to follow reasonable instructions generally being dismissable conduct).

b) That you spend a lot of the working day engaged in personal rather than business matters - and, it appears, that they regard this as being the reason you come in early

 

This, presumably, is what they mean by insubordination and violation of company policy. However from what you're saying here, they have provided no evidence of instances where you've done either of these things. The allegations are, as you say, too vague for you to address usefully.

 

I think you do need to meet with a lawyer to discuss this in more depth. I'm not talking about getting a lawyer's letter sent out to the company to put the wind up them; I'm talking about you and your lawyer putting together a good strategy for dealing with this matter in a way that will keep your back covered. Again, there's no need for your employer to know about that.

 

Some lawyers will, if you ask them, arrange a meeting outwith normal working hours. Alternatively you could email a law firm from home, explain that you have an employment problem and ask if you can formally become a client of that firm without actually making an appointment (you need to formally become a client before they can advise you properly, and they make well ask you for some money up front). Then you can outline the situation via email.

 

From what you've said, the only admission you've made is that you may have been difficult or aggressive in your manner of speaking to somebody....but did so because you were provoked by their behaviour towards you. Now you're feeling that you're being set up a bit, and does sound that way, though it's impossible to say for sure. If they're at a point where they want to manage you out of the organisation, then manage you out of it they will. In which case your focus would be on negotiating a termination settlement and a good reference. But naturally at this point you're focused on attempting to save your position, and therefore you're trying to look for some conciliatory resolution to the vague problems they're presenting.

 

I think that until you've had an opportunity to talk this over in some detail with a lawyer, your stance should be polite but firm in advising that you cannot answer allegations that have not been clearly stated, and that if any meeting is to take place a clear statement of the complaint against you (with supporting, illustrative examples) needs to be provided in advance of that meeting.

 

You didn't, in your last post, mention the company guidelines regarding disciplinary and grievance procedures. You need to get hold of these ASAP. Edit - sorry you did mention it, but only in the context of you being told that you have to go through the internal route. Obviously you need to have written details of precisely what that internal route entails, so that you can forward that onto any lawyer you instruct. Meantime, bear in mind that I'm just giving you very general advice without having a full understanding of the situation. To get proper advice that takes the laws of your jurisdiction into account, you do need to speak to a lawyer - and gather together the documentation that lawyer would need to see. These would include your contract, the company guidelines (grievance and disciplinary matters), the emails that were circulated about you if you have them, and all correspondence between you and your employer relating to this matter.

[OpenBook]

You're darn tootin' you should get those accusations in writing, lawyer or not!! I would insist on it if I were in your position. That's bull, telling you about it verbally but asking you to write down your own "confession." Total crap. (And a classic police tactic.) Those are serious accusations against you that could seriously damage your professional reputation. You need to see what they have in writing.

 

Also about the "add-ons" - have you ever been previously warned (either verbal or written) about taking care of personal business on company time? or the confrontations, or anything else you've suddenly been accused of? If this is the first warning you've received, they don't have much to go on to back it up.

 

I hope you kept a copy of all those excellent performance reviews, especially the most recent one you received. They are your best advantage here, and your best evidence should you need it later... especially if there's no indication of any problems in them.

 

And about the email incident. Is it possible that your co-worker is exacting revenge on you now for that? She probably got in trouble for those emails.

 

Does the co-worker have powerful connections inside the company? If so, no matter what you do, you're doomed if she's gunning for you.

 

Time to look for another job, I think. Just get out of there. It stinks all around.

 

But if you plan to stay and fight instead, then I would get it in writing as the first step. You'd be fighting air if everything was kept verbal. Which may be the way they want it.