Employee retaliating with false claims

[thefairmanager]

Recently had an employee quit because they wanted preferential treatment over other employees because they felt they had a friendship with me? I consistently informed that employee I could not treat them no different and they decided to resign. When the employee resigns, they thought I would beg them to stay. That employee had no idea that when I took over the team, I was told they were a problem for many managers and caused other managers to be fired by "stabbing them in the back". I always believe in forming my own opinions of employees and wanted to give that person a fair chance. Management was a key long-term goal for me and I wanted to make sure I was doing the best I could. When that person resigned, the contacted our inside 1-800 number filing a false claim of me discriminating against an employee. This was also the employee the person who resigned wanted me to fire because they wanted their job. The employee mentioned in the claim was also an employee I caught sending racist emails about African Americans. Since the investigation, the employee has been disrespectful and not following company policy and my direction. I also do not feel safe around this individual. What are my legal rights and what are my employer's obligations? Thanks. sorry for the misspelled words in the first post

 

[jacksgal]

Was there an investigation? What was result?

 

[cbg]

Your employer's obligation is to investigate the charge and take appropriate action, whatever that may be.

I'm not sure what kind of rights you are asking about.

 

[thefairmanager]

Yes there was an investigation. The investion was closed with no findings to support claim.

 

[cbg]

Then the employer has fulfilled their obligation.

 

[thefairmanager]

The rights I am saying is what rights do I have as a manager against an employee who make false claims only because they feel I am too hard on them. I am not hard on the employee, the employee is disrespectful and I have been trying to coach them to understand that there are rules in the corporate world they would need to follow. I recently caught the employee sending text messages to other team members using racial slurs agains. The message was sent right after he was written up for insubordination. I did not fire him only becuase I felt his previous manager did not do him justice by communcating corporate policy to him. The rep he sent the message too has also been guilty of saying things to other employees that could be viewed as "sexual harrassment". The employee who was the reciepient of the the text has also stated"he wanted the kill" his previous manager. I originally thought that I had a case of lack of businesses maturity on my team, now I am not so sure.

 

[thefairmanager]

I forgot to mention one more thing. These two employees are creating a hostile work environment by causing choas throughout my team. I had an employee take off work early Friday becuase they could not handle the stress of lying to me and watching other team mates plotting to set me up and get me fired. That employee has agreed to sign a written statement detailing how the two hostile employees tried to coach him to lie with them and he would not. I have a stellar reputation at work. It is now at risk of being damaged from a lie. Also, I do not feel safe around the two employees because I've been giving the two employees the benefit of the doubt. As a new manager, I did not want to fire anyone, instead I was excited to take on the coaching opportunity to turn a unperforming rep to a performing rep who would be respected through out the company. In other words, what are my rights as an employer who manages an employee who may be racist?

 

[thefairmanager]

Ok. I am just worried about my safety and my protection against these two hostile employees. They will lie to get me out of this position only becuase they have a problem with race. I was hoping I can overcome that, but I do understand what someone does outside of the office is their business. I have heard things of managers being shot because they were doing their job. I've been promoted up through the company and was previously a rep myself. Now, I am wondering if I made the right decision and how this could affect my family. My children need their mother. This is frightening that I am a employee and an employer and I could be attacked for simply doing my job. Thank you so much for replying to my post and helping me understand. I might just need to go back to my old job as a rep where I did not feel my life is threatened. Wow, thanks again. I owe you so much...

 

[jacksgal]

If they act in a manner that creates a hostile work enviroment or is in conflict to any company polices they can be terminated

 

[thefairmanager]

Thank you. That makes me me a little safer. I will do additional research into our corporate polices on workforce management. Thanks again for your help and taking the time to read my post and help me with my concern.

 

[cbg]

Just one thing. You do not have any rights that require your employer to take the action you want them to take. It is not up to you to tell them how to deal with a question. That is the employer's decision to make and there are very real problems with how to handle them.

An employer who fires an employee for filing a complaint of discrimation, EVEN IF THE CHARGE IS FOUND TO BE FALSE, can be in very serious legal trouble. It would be next to impossible for the employer to fire them FOR THE COMPLAINT unless there was EXCEEDINGLY positive proof that they falsified it. Moral certainty is not enough - I'm talking about proof like a tape recording of their admitting that they falsified the charge.

Now, they can be fired for misconduct unrelated to the charge. If you tell them to do something and they refuse they can be fired for that. But you, as a manager, need to step up to the plate and manage, instead of waiting for the employer to take action to protect your "rights". If you need help, talk to HR. I'm not criticizing you - I know you're trying to be fair and I know you're new at this. But a charge of harassment/discrimination pretty much ties the employer's hands; if they fire the employees now they can be subject to a legal charge of retaliation. It's going to be up to you to let these employees know that YOU ARE IN CHARGE AND THEY WILL DO WHAT THEY ARE TOLD.

PM me if you want suggestions.

 

[thefairmanager]

Great way to explain my concern. You hit the nail right on the head. The employee who the claim is about did not show up for work yesterday. I addressed the attendance policy with that person on Monday last week and after the investigation, they completely disrespected my direction. I've already written this employee up and provided them their final notice for insubordination. I now feel they are taking advantage of the investigation by deliberately testing me. I appreciate your encouragement and I will TAKE CHARGE!!

I will not fire the employee because I am sure they will use this to bring up a retaliation claim. Instead, I will proceed with a different approach, which would not allow him to attack me personally, or attack the company I work for financially to prove they are lying. I will take you up on your offer to PM you sometime. I want to make sure I am doing the right thing. Thanks again!!!!!