This is really off topic, however... I reprimanded a company receptionist for insubordination. The next day, she accused me of harassment. Today, I was sent home while an investigation was conducted. She, however, was allowed to continue to work. Unfortunately, my spouse went to the company and engaged in a verbal altercation with the employee and my superior. The investigation should conclude by Monday and I will know if I still have a job. Can I sue my employer if I am dismissed and their grounds are frivolous? I feel totally violated and am manageably depressed. Thanks for your input. CardKid
How was this "investigation" undertaken? You say verbal altercation--what was said and in what context? Did your spouse go to your employer for the explicit purpose of "giving them a piece of her mind?" If the subordinate is wrongly accusing you of sexual harrassment, you may have a cause of action for defamation. In what state do you live?
The GM and Controller will interview potential witnesses, talk with the corporate office for guidance, and render a decision. My spouse and I were totally shocked by the day's events. She vented her frustration to the accuser and the GM. I was not there at the time. This is a very upsetting time considering we moved 2400 miles to AZ (solely for this company). CardKid
I am not an expert, but geez if they are falsely accusing you of harrassment I WOULD DEFINITELY SUE them if I were in your shoes. There was a movie similar to your situation. It was Michael Douglas and Demi Moore. Can't remember the title. GOOD LUCK!
At this stage of the game, I would strongly suggest you contact an attorney who specializes in labor law. From the company's perspective, it is far more dangerous to ignore a sexual harassment complaint than to fire the accused. Few employers want to give the perception that they allow sexual harassment. Doing so opens the floodgates for potential liabilities. In sexual harassment cases, courts consider the nature and frequency of the acts, the conditions under which the conduct occurred, whether the company was promptly notified by the complainant, and what steps, if any, the company took after being notified.
I was totally caught off guard by the allegations. It's very depressing. I sold my home on the east coast to move 2400 miles to buy into the GM's dream. I gave up so much to come here. The boss constantly told me that "I was his guy and he trusts me" with the company. When that trust is challenged, he waivers. If I loose my job, I well spend every penny and ounce of energy to seek full recourse. I cannot look the other way on this because this affects my family in a big way. I have young children for God's sake. CardKid
Re: Re: Can I sue my employer? Your last sentence says it all, and provides the answer. Yes you can sue your employer but you probably will not be successful. Arizona is particularly employee-hostile in employee-employer relations. Written into our State's Arizona Revised Statutes are such gems as "Right to Work" (3 jobs at minumum wage) and "Employment at Will" statutes. The Employment at Will will be the governing act unless you have an employment contract, which, in Arizona, is as rare as an honest politician. After all, the best thing that can be said about our last Governor, Jane Hull, is that she was voted out of office instead of being impeached or resigning as a result of a criminal conviction. I also live in Arizona.
Re: Re: Can I sue my employer? This is really unfortunate Card Kid. I hate to think that you might get fired over this incident. Can I have a little more information? Did you tell anyone before you reprimanded the receptionist about her insubordination, or is it just your responsibility to reprimand her? Did anyone else see you do it or was it in your office. I know that you didn't do anything, but what are the odds that it is "perceived" that you did something? What impact did you spouse have when they went and talked to the accuser and your boss?
Re: Re: Can I sue my employer? Is this a large corp you work for or a smaller type business? I'm wondering what their harassment policy is. Is there a zero-tolerance policy in effect? Sounds like this receptionist is claiming you made her feel "threatened" and "uncomfortable"- your wife going there to possibly retaliate certainly did not help the situation. Unfortunately, perception is the reality for the time being, as you can see. If you're fired, have you signed an arbitration agreement? Do you have a board you have to appeal the decision to? Do you have any other blemishes on your file there? If this is the first time, you might just walk away with a little blurb. Hard to tell... I've seen these go both ways. We just recently let go a mgr at my place of employment for threatening an employee. Companies are VERY sensitive to the harassment issue right now. Hopefully, the investigation will prove squat. If not, do contact an attorney and go with it.
