Legal Question in Employment Law in California
Redact my response to Record of Discussion
My employer wrote me up for harassment but this was not true. It was the harassment complaint from another employee against my manager. I responded to the write up. But, the Human Resource manager told me that he redacted my response to protect this manager and that employee's privacy and left my response in my personnel file. Is this 'redact' legal? What can I do about this because they cover up the fact and the truthfulness of my response. This will make me look bad if people look into my personnel file since the topic is unprofessional and in-appropriate behavior.
2 Answers from Attorneys
Re: Redact my response to Record of Discussion
I am not certain I am full clear on the situation, which sounds like exactly why you are having problems. Your manager was alleged to have engaged in sexual harassment but HR thought it was you, am I reading this correctly? If so, you should document the error immediately and ensure that it is properly cleared up so that you are not harmed by this error. If the employer does not clear up this error then it may result in harm to your reputation and possible claims thereafter. I suggest you talk with your employer and HR to clarify the situation.
Best of luck.
Re: Redact my response to Record of Discussion
Your actual involvement with the sexual harrassment complaint is critical in determining your rights. If you were a witness to the events, you are part of the investigation. It is unlawful for an employer to retaliate or harass witnesses to such an investigation.
Your statement indicates an attempt to whitewash the investigation and retaliate against a supporting witness. If true, you should consult with an experienced employment law attorney in your area to discuss how to protect yourself.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
