Can I ask for an investigative report HR or sue if I cannot

1. 54

   gmac415posted 7 years ago

   Can I ask for an investigative report HR or sue if I cannot
   
   I was told by management that there's a complaint filed against me and the findings were substantiated.  I was never informed that I was the subject of an investigation nor was I interviewed by the internal investigator.  They are now writing some general comment about my behavior in my performance evaluation.  What can I do in this case?  Can I ask to see the report so that I can see the allegations because it's affecting my evaluation?  Interesting, management said they don't have one.  I am not being told that this would not be in my personnel file.  I don't trust them.

   replyreport
2. 0

   RTalloniposted 7 years ago

   You might want to talk to an attorney.  Check out sites like
   
   http://www.workplacefairness.org/needlawyer
   
   and
   
   https://www.aol.com/article/2011/05/03/ … /19929572/

   replyreport
3. 59

   fpherj48posted 7 years ago

   Well gmac, If you are correct with what little you've provided here, I can assure you that something stinks to high heaven.  Don't know where you're from, where you work nor for whom or in what capacity.  Lack of information makes it's fairly difficult to give an accurate or sensible answer to your dilemma.
   However, on the surface, it appears about 3 or 4 very basic State & Federal laws have been brazenly violated by the "management" you refer to.  You not only have every right to be fully informed of any complaint filed against you ( equal to an accusation in the legal sense) but you also have an undeniable right to defense.  The fact that they suggest to you that the "findings were substantiated"......how can I say this?  That's plain old bull $hit.  This is not legally possible without your full knowledge and participation in the investigation. 
   In a word?  You my dear are being Steamrolled!  If this job is important to you, get an attorney and go full speed ahead.  If you don't care what happens to your employment.....SUE THE CRAP OUT OF THEM for falsifying statements about you, filing them in your Personnel file and denying you basic rights of knowledge and defense.    Good luck.

   replyreport
   1. 54

      gmac415posted 7 years agoin reply to this

      Thank you for the advice , Paula (fpherj48)!
      
      Now I am being told that b/c I I was not subject to "disciplinary action" it won't  be in my personnel file after I made it clear that I need to see the report and the allegations agnst me.  very fishy.

      replyreport
   2. 59

      fpherj48posted 7 years agoin reply to this

      interesting, Whoever is feeding U this garbage, has just made a very foolish statement, "IF", as they said, this has been noted in UR "performance evaluation," it IS clearly disciplinary action & a part of your personnel file!  Talk 2 a Lawyer!

      replyreport