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  • falsely accused

    Tennessee. Friday I was accused of putting a job ad from an internet job site inthe tray of our new accountant. I did not do this BUT it has my work email address on the top. It says "You are signed in as _________". So it does look like I did it but I am not so stupid that I would sneak something into a tray with my email addess on it. I was sent home early Friday and told not to come in today until around lunch. I cannot prove that I did not do this. My boss says he doesn't know what to do becasue the accountant is talking about fiing harrassement charges. What do I do? It is known that I do not care for this guy. He is bossy, ****y and blows his own horn all of the time. He hasn't even made his 90 days yet.

  • #2
    When an employee has made a complaint of harassment, your employer is required to investigate it. While if you are telling us the entire story I do not believe the accountant could get charges of harassment to stand up, that does not mean your employer does not need to investigate. It is fairly common for an employee under investigation to be sent home, particularly since by your own account the evidence, however, faulty, is against you.

    All you can do is cooperate as fully as possible with the investigation. If the employer chooses to believe the evidence instead of you, they have that right, even if the evidence is incorrect and even if the employer is mistaken to believe it.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Can they file harrassement charges with no evidence. And yes, I am telling you the whole story in truth.

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      • #4
        If you are talking about charges being filed within the legal system, it would not be your employer who would do so. If the accountant honestly believed that you illegally harassed him, he is free to file a complaint with the EEOC or the state human rights commission. However, they only act on complaints that are based on a protected group, so unless there is some valid reason to believe that the harassing behavior was because of his race, religion, national origin and so on, they would take no action. Also, under the law, a single instance does not qualify as harassment except under very limited circumstances which do not apply here.

        However, if your employer believes that you participated in inappropriate behavior, they are free to take whatever disciplinary action they wish, even if they are completely mistaken and even if the behavior in question does not reach the legal definition of harassment.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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