False Allegations in Retaliation

[ManagerUnderDuress]

Jurisdiction

Minnesota

I'm a corporate manager at a large healthcare system. I've been working closely with HR, legal and my management while giving corrective actions and managing employees over the past 2 years.

I have two complaints against me that shouldn't even involve me. One is an age discrimination, made right after she received a poor performance review. I am over 40 yet the organization is still investigating this as a valid complaint. The woman making the age discrimination complaint has bullied people before and nothing was done upon reporting it (prior to my employment).

The other one is racial discrimination which is completely false. This person was on a final written warning when she made this allegation using my name even though I was following legal's direction. She was moved to my team after coaching began with her former supervisor. Instead of dealing with the issues they moved her. My director has treated me a bit differently now since this allegation.

I was basically interrogated by HR today, blindsided with these two accusations. I'm currently trying to find legal representation but this happened today and I am frazzled! I want to protect my reputation and to let my company know they cannot use me as a scapegoat.
Do I have anything in my legal corner? What can I do? It seems like I'm not protected at all while my employees can say whatever they want to. Any tips would be MUCH appreciated.

 

[mightymoose]

Tread carefully. Legal action can spoil your relationship with your employer.
If allegations were made they have an obligation to investigate.
I suggest you be patient and do nothing out of the ordinary. Nothing you've said here suggests to me that you have anything to worry about yet.

 

[cbg]

Coming to you straight from HR:

The employer HAS to investigate these complaints as potentially valid. Failure to do so could place the company as a whole in legal jeopardy. It's nothing personal - I've investigated executive vice presidents when complaints were lodged against them. It's their job. It doesn't mean they think you're guilty. It means they're doing what they're required to do in order to protect everyone in the company, including you, from a false complaint to a regulatory agency.

Doing an investigation does not mean there is going to be anything for you to worry about. I doubt if your HR is stupid - when a manager who has never had any trouble before and works closely with them is suddenly hit by two different complaints, both of them by people in last-chance situations, you don't have to have more than a room-temperature IQ to know who's making a last-ditch effort to save their job. There are those out there who believe that filing a complaint, even a false one, means they're now bullet-proof and can't be fired. HR knows this.

Doing an investigations protects you as well. Should either of the individuals attempt to take their complaints further, the fact that they did an investigation and cleared you (of course an investigation can clear you) is going to go a long way in disproving the false claims.

Legal representation? You're a long, long way from needing legal representation, my friend. Don't go trying to kill a mosquito with a bazooka - that can backfire on you. At least wait and see what the investigation concludes. As I said, just because they're doing one doesn't mean you're in any trouble.

 

[zddoodah]

I was basically interrogated by HR today

You realize that's part of HR's job, right?

I'm currently trying to find legal representation

Why?

Do I have anything in my legal corner? What can I do?

I don't really understand why you're all up in arms here. A couple people made allegations and HR is investigating. It happens.

I agree with everything "mightymoose" and "cbg" wrote. I'm a "manager" with my company, and I've had to deal with this same thing. One of my colleagues manages a large team of employees and has to deal with this on a semi-regular basis. Just deal with it and let the process play out.

P.S. Just because you're over 40 does not mean that you could not be guilty of age discrimination.