Legal Question in Employment Law in California

I was terminated after an internal investigation was conducted by human resources.I never admitted to nor gave any signed statements admitting guilt.Investigators never questioned me about supposed incidents thus was unable to defend myself of allegations that were basis for my termination.Investigation was regarding that I allegedly harassed my supervisor.They said I left her a note saying "I love you."There is no note(evidence).I had made a complaint of harassment by her to the manager 2 weeks PRIOR to her complaint against me.The manager participated in the investigation,along with HR rep.How could manager have been impartial?She is supervisors boss.They said I admitted to things,things that I was never questioned about and certainly DID NOT ADMIT TO OR DO.The investigation was not thorough.They have no evidence,have no signed statements from me,questionable impartiality and DFEH told me there is no violation.On Society Human Resource Magazine (shrm.org) "Proper workplace investigation" it says.......Have the people you interview sign written statements,or at least sign off on your notes,so there's no dispute later as to what they told you. and....." Neither the complaining employee nor the alleged wrongdoer should be a subordinate of the investigator." also...."If you conclude that improper conduct did indeed occur,you must then decide on appropriate discipline or remedial action.This is typically handled by a decision-maker other than the investigator." Is there any thing left that I can do?


Asked on 8/18/11, 10:15 am

1 Answer from Attorneys

You need to stop re-posting your tale. They could have fired you for no more reason than they didn't like the color of your socks. There is no requirement that a private company's investigation be impartial. It is not the government. It is not a court. They can run their company as they see fit, no matter how badly. If there is no DFEH violations there is no legal issue. Move on.

Read more
Answered on 8/18/11, 11:59 am


Related Questions & Answers

More Labor and Employment Law questions and answers in California