Legal Question in Employment Law in California
Physical Harrassment Report & Employer Retaliation
In November 2002, a co-worker came at me physically and threatened me in the workplace. I immediately reported the incident to my manager, and documented the incident. I filed a report with HR. HR conductd an investigation. In February 2003, HR read a written report that selectively reported their modified version of the incident, and included his claim that I was ''rude and overbearing''. The result is that both he & I are on probation for 6 months, and will be forced to make a public apology to each other and to the management team for wasting their time. HR has stated that they could have terminated either of us at any time, and that by offering a probation, they are doing us a favor. In addition, we both need to attend a conflict resolution session with a counselor hired by the company. The report is false and the process is against my ethics. I can't afford to lose my income from this job at this time. What are my rights? Can I submit a letter stating that I do not agree with the report and the process and ask that it is filed along with HR's report? I would greatly appreciate your advice. Thank you.
1 Answer from Attorneys
Re: Physical Harrassment Report & Employer Retaliation
There are a few missing facts which could help in providing a more concrete answer. Do you have evidence of a faulty investigation, witnesses etc., if so you might want to formally address the issue again with HR. As for submitting a letter of disagreement, you should first inquire as to any procedures set up by HR and if they are completely unhelpful or hostile, you may want to confer with an attorney to get a better idea of your options. If you are in the area and desire further consultation, please feel free to call our office.
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