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View Full Version : Wrongly accussed of harrasment


Good hard worker
06-18-2005, 08:12 PM
I was requested to be in a meeting with a two other managers while my manager was away. I was told that someone was feeling harrased by me because I told them that a file was a rush. My boss informed me that we need to rush this file. When the person I have the file to as a rush said she was going to leave on time that evening, I simply let her know that she could do the file in in the morning as the people responsible for reviewing the file wouldn't be reviewing it until then anyway until then. I do not at all feel by saying that a file is a rush is harrasment. (And, I said so in this meeting). But then I was told I was defensive and had been warned before that we were not to rush anything with this person. I am also not suppossed to
hoover" around her. The only time I am there is to drop a file off or pick something up from the printer that we both share. I have now asked to be switched so that I am not in her space at all. But, the managers say that is impossible. Why should I be written up or have something in my file that isn't even true. I wasn't rude. I was doing what I was asked by my boss. I feel wrongly accussed of this and don't want it to be on my employment record. I ended up crying and letting them know I would never say the "R" word again to anyone. By R word I mean rush. It seems to me that this person is the problem and not able to handle the fast pace of our office. By the way, HR isn't involved in this. I am thinking they might need to be involved since this regional manager is keeping a file on me. Do you think I should report this to HR? I know I have been wrongly accussed.

LConnell
06-19-2005, 12:03 AM
I understand that you feel it is unfair. It does seem strange that your management is taking such a harsh stance on this. There is probably something more to the matter...rethink what they have said. Perhaps it is not the word you used but the mannerisms you used when talking with her or the tone of voice when saying, "rush".

You should go to HR and ask them for help in understanding this situation better. If you disagree with their assertions, I would hope that HR will listen to you.

Good hard worker
06-19-2005, 08:32 AM
Thank you for your response. I know it does seem a bit odd that word Rush would be such a huge deal. I believe that this person is having difficulty performing her job and has complained to HR that she feels harrassed. When I told her it was a rush it was out of courtesy. She told me that she would not be putting in the file that evening. I said that was fine as the underwritters would not be there until the morning to process the file. I am not sure how I could have said it better. My concern is that her problem seems to be going against me. My own manager is extremely upset that this has happened to me and without his knowledge. These two other managers always bring up problems when he is away. I report to him and not them. My desk is very busy. I am dealing with the most files to process out of anyone one the office this month. I am upset that there is some paper written up about me regarding this situation. This paper hasn't gone to HR but is in this regional managers "employee file." They also commented that I am short with answers. In one example, it was said to me that a person had requested I not mess up the pages at a color printer. I said "it wasn't me" because I had to answer a phone call. I then went back to explain to her that the reason I knew it wasn't me was because the desk that they saw me at looking through pages was because I was looking for my print outs. I acturally organized these print outs so people could find what they had printed. It was scattered all over a desk. They though I had scattered it. I did not. The other issue was when someone asked me how my day was going, I said "it's great" with a smile on my face as I was faxing some paperwork out. I didn't know she wanted a longer answer. She walked into the kitchen and I walked back to my desk to try to get some loans funded. She (regional manager) said that I should have continued the conversation. I was busy trying to get loans funded and had a deadline to be met. I did not have time to talk about anything other then the files I was trying to fund. Why should that be held against me. Here's the bottom line. I used to be an outside sales rep for this company. I was sucessful on the outside as well. I came inside and took over a desk while someone is on medical leave. Two other people who have been with the company for awhile used to manage this desk. One is especially upset that I am working this desk. Before I even started, I explained that to my manager that people would be upset that I would be taking over the largest pipeline in this office and even suggested he split it between me and another person who used to manage his pipeline. He said not to worry that he knew what he is doing. By the way, the customers love me. I get stuff done, call them back in a timely fashion and the know that they can trust me to get their business taken care of. I feel like I can't say anything or risk getting in trouble and if I don't say enough I get in trouble. HR doesn't know. But, I think I may have to head that way.

LConnell
06-19-2005, 09:06 AM
I believe that HR will be surprised to learn that there is an "employee file" that contains serious information that HR is not aware of. While managers do keep a local file, along with notes to help them remember things when it comes to doing some sort of review or counseling, it is expected that any document brought to your attention will be in the HR file.

I recommend that you and your manager approach more senior management for advice on how to handle the situation. In addition, your manager may wish to speak with HR about the employee file. In both cases, ask for confidentiality.

Good hard worker
06-19-2005, 09:18 AM
Thank you so much! I am concerned that I am being retailated on due to getting this job in the first place. I feel I can't even breathe without someone holding it against me. If I talk I get in trouble and if I don't talk I get in trouble. I am in trouble for being focused on work which is ridiculous considering that my manager is the second highest producer in the region and this in my first month on his desk. He has never been that high on the list of producers. He's a good solid producer don't get me wrong. He just hasn't hit the top of the list until this month. His customers really like me and thank me all the time. I don't feel it is wrong to be "focused" and determined to provide excellent customer service. I know people are surprised to see that I have already funded 20 loans when they have funded 10 or 4. But that is why I was hired. I get things done. I take care of my accounts, I take care of my customers. They all come first. If anything is a problem, it is probably my overtime. But, I have permission so it shouldn't be a problem. I am just getting picked on. What is the official HR term for this? Retailiation? I feel harrassed if anything. I really don't have time for such drama that this is causing. I really have a lot of work to do. What do I do?

LConnell
06-19-2005, 09:23 AM
Though it may be retaliation, it is not retaliatory in the legal sense, unless the reason for the retaliation is based on actions such as illegal discrimination, on the basis of age, race, religion, gender, disability, national origin, etc.

I do believe that you should follow the advice I gave you in the earlier post. That is your first step in resolving the matter.

Good hard worker
06-19-2005, 09:26 AM
One more thing.. The only way you can get out of this area manager office is to agree that you have done something wrong even when you haven't. This I think is wrong. What do you think? And, what do you call this in HR terms? I am ready to take it to HR. THANK YOU SO MUCH FOR YOUR HELP. YOU HAVE BEEN WONDERFUL.

LConnell
06-19-2005, 09:30 AM
I don't believe that there is a "term" for this. Just explain the situation as you have here. They should help you.

Good hard worker
06-19-2005, 09:47 AM
So sorry to bother you on this again. But, if I report this to HR I am concerned that the Regional Area Manager over the account managers will be very upset and make things worse for me and find any reason to fire me or for me not to make it through my first 90 days on this job. I like my job, my boss is great, the customers like me, etc. This is a horrible situation to be in. I get in trouble for saying anything and get in trouble for not saying enough like the time she asked me how may day was going and I said it was great. She said I didn't say enough. She should have understood that I was trying to fund loans. (This was also discussed in this meeting on Friday). I am at my wits end and so is my boss. But, I am also concerned about my job security considering what has been already addressed. I am concerned if I go to HR that it will only make my situation worse.

LConnell
06-19-2005, 09:53 AM
If your situation is based on illegal discrimination (as discussed above), you have rights protecting you from retliation as a result of filing a complaint or participating an investigation or if you file a complaint of wage hour violations, safety, etc.

However, that right does not exist through employment law if it is not illegal retaliation. Instead, you may wish to ask HR if they have a policy against retaliation before speaking with them. Also, ask them about a policy of confidentiality. A knowledgable HR Department will tell you that complete confidentiality is not possible. However, they will try to keep those who know about the situation to a "need to know" basis. Further, a knowledgable HR Department will have an enforceable policy against retaliation toward any employee who expresses a concern to management or to HR.

Good hard worker
06-19-2005, 10:24 AM
Is it illegal to wear a tape recorder? I feel like I am not being believed for how I am saying things to this person and if perhaps these managers heard they would understand that it is not me....How can saying a file is a rush out of curtesy be a problem. Then I told her that she can wait until the morning since the underwritters were gone anyway. So, she went ahead and reported it as harrassment? We are in a rush paced work environment. We are funding millions of dollars of loans. I feel I need something to protect me. Would it be illegal for me to wear a tape recorder so I could hear what I am saying. Because, I right now, do not believe what I said was wrong or threatening in any way. I need to protect me at this point for being accussed of something I did not do.

LConnell
06-19-2005, 10:30 AM
You must be extremely careful not to violate laws by doing so. Many states have prohibition against illegal tape recording. I found this site on the Internet which may provide guidance. http://www.rcfp.org/taping/

Further, many companies have their own policy against tape recording. You need to look into your company policy if the state permits it.

Third, tape recording can often cause more damage than good. The reason is that the tape recording doesn't miss the audible conversation (and you may something that could be perceived incorrectly). This can be especially true because tape recording does not show the visual messages associated with the conversation.

Good hard worker
06-19-2005, 11:00 AM
Looks like this isn't a good idea. I will tell you that I did not raise my voice, move my hands or anything threatening. I simply let her know that the file was a rush. It could wait until morning and then I put it gently in her inbox. I think this person has probably done this type of complaint in a work place environment before. She seems to be a pro at this. Perhaps this is her way of job security. I am the scapegoat because I am newer and people are upset that I am in the position that I am in. I am really mad, upset, anxious about me now being fired due to lies that are not true. I am not sure I even want to go to work on Monday as I am just sick over this. It has ruined my weekend, stressed me out, and I have at least 7 loans that need to fund on Monday and have no time to work on this situation. If I do it will take hours out of my work day because I can already see how much time it took out of my day on Friday. Then I will have to do overtime to get my work done and they will then be upset over that. I have no way of winning. I am at my wits end. Perhaps I should quit. My boss likes the work I am doing and doesn't want me to leave. The person in my position before also had the same types of probllems and she also almost quit. This is a hostile work enviroment for those of us that work and do our job. What's wrong with this picture.

Good hard worker
06-19-2005, 11:35 AM
I am so stressed right now I have a migrane and feel like I am going to throw up. It is not fair to be wrongly accussed of something so serious as harrassment. If it weren't for this situation I would be just fine. I will try to get over it. But as you can see I am clearly stressed due to this situation.

snubansnee
07-13-2005, 07:59 PM
I am so stressed right now I have a migrane and feel like I am going to throw up. It is not fair to be wrongly accussed of something so serious as harrassment. If it weren't for this situation I would be just fine. I will try to get over it. But as you can see I am clearly stressed due to this situation.

Hey man, I've been falsely accused of sexual harrassment. Back in Oct 2004, I made a complaint to management about office noise that two of the females in the office felt was targeted towards them. So, they made up complaints of sexual harrassment against me. To make a long story short....

The employer launched a fact-finding investigation. I had a lawyer on retainer. I provided some emails to the employer which showed they weren't as nice as everyone thought. I was exconerated completely and am now in the process of filing a slander case against them in superior court. I think I have enough evidence showing the acted with malice.

Stay strong, dude. I know how stressful it can be.

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