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Being falsely accused...

thatguytherethatguythere Registered User regular
edited December 2006 in Help / Advice Forum
So this is a long and convoluted story so I apologize right off the bat.

A little info at the beginning. I am a night shift supervisor at my job, white, and only 23. The people involved in my little situation are (obviously no names):
CT an african american employee who was transferred to my site after threatening an employee and making a hostile work environment at his old site;
KM another employee, from Fiji;
NA a fellow supervisor, was formerly the assistant manager but was bumped down for numerous reasons including insubordination, constantly going over the manager's head, involving the client in matters that have nothing to do with them (we are contracted), he hates the manager because she is female and he thinks that she stole his job as the manager.

So the lead up goes like this:
I have had to give numerous warnings to CT about his conduct. I made the mistake of not writing him up and just talking to him. He has shown myself and at least one other that I know of pictures of his girlfriend naked. He has been warned several times about what he looks at on the computers, ads for stuff like "Adult Friend Finder" will pop up or he will be looking at Yahoo 360 pages claiming that is how he talks to his ex-wife via email.

Whenever CT and KM get together its just plain awkward. Some quotes are "I fucked my girlfriend in the ass," "(so and so) is gay, god says gay is wrong and a sin," "so how was she? what do you mean who, I am talking about that $20 hooker you had before you came in here," "(so and so) is all about the trannies, haha he just loves those chicks with dicks" and the list goes on and on, that is all they talk about when together.

I talked to KM about it one night, saying "look I know you guys are just joking around and this is a bullshit job so I understand but all you guys ever talk about are sleeping with women and all kinds of other stuff that we just cannot have be heard by an employee!" I was pissed and went on for a few minutes about CT and how angry it makes me that he does this and then turns around and talks about Jesus and that KM should just avoid him so that we won't have any problems with someone overhearing this stuff.

Well he goes and tells CT about this. But he tells him pretty much an entirely different story. Saying that I said racist remarks like "all he ever talks about is sleeping with WHITE women" and that I said I wanted him dead. Complete bullshit and the other employee who was there, their witness, says that he can neither deny nor confirm anything that is being accused.

So CT and KM go to NA, the worst possible person. He already has it out for me because I have made it very clear that I am not on his side in his attacks and power plays against the manager. He immediately starts taking statements from other employees about me, starts saying that I "hacked" the computer and stole personal files (its a public computer that we all use), then he takes all this stuff directly to the client. Not to the manager and not to the corporate office. Has CT speak to the client's legal department.

Now CT is making even further claims against me, all he had before was rumor and hearsay secondhand. He has the gall to claim that I looked at him straight in the eye and said "Hitler was right..." and stared at him for awhile. He only brought this up later after the fact of the other stuff he said.

Well what he doesn't know is the first person on my application that the company has, and my resume, has the last name of Kaplan. I worked under her and others at a Jewish synagogue off and on since I was 13. My mother still works there. The first work experience on my resume and application is that very same Temple.

The manager has my back, she knows it is all bullshit. She spoke with the district manager and he said that from everything he has heard that it sounds like CT is full of it, he has had to deal with CT before and knows how he is. All he told her to do was follow the book. I am being written up and moved to a shift that neither CT or KM work on.

My plan is to tell my side as much as possible, take my punishment for my own admitted stupidity in not dealing with them properly, and get a new job as soon as possible. Firing me would be an admission of guilt by the company but me leaving AFTER I have been punished, and it is supposedly closed, isn't an admission of guilt from what the manager says.

What I dont know is could he try to sue me? He could try and sue the company for sure. Will I have this stigma for the rest of my life? How am I supposed to deal with this beyond what I already plan on doing? I am just all kinds of freaked out, being called a racist when my last room mate who I lived with for almost two years was african american, most of my friends are of every race you can think of, and I didn't even say these things.

thatguythere on

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    ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    edited December 2006
    I am fairly certain that he cannot sue you personally, especially if you're the one leaving over it. Not successfully anyway. As for leaving a black mark on your record, can you get a letter of recommendation from anyone? It sounds like you're only quitting to protect the company; it would seem only fair they might give you a little something in return.

    Of course, I'm not so naive to think that doing what is fair is the cornerstone of business management. But you should still ask.

    ArbitraryDescriptor on
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    thatguytherethatguythere Registered User regular
    edited December 2006
    Well I am leaving for more than just that. I don't want to work at this site or even this company anymore. This is indicative of the way things are run across the board. It's time for a change and try to start fresh somewhere else.

    As for the letter, my manager will do that for me in a heartbeat. The higher-ups, no way in hell.

    But would it still follow me? I am not being fired, leaving of my own accord. Unless I were somehow taken to court or something right?

    thatguythere on
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    ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    edited December 2006
    Unless word of mouth reaches your new employer's ears I would expect this to end here; yeah. On paper, there's an accusation, but nothing came of it, and you left of your own free will with a glowing endorsement from your manager. Which is all pretty understandable, and not necessarily a point against you.

    ArbitraryDescriptor on
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    archonwarparchonwarp Registered User regular
    edited December 2006
    Well I am leaving for more than just that. I don't want to work at this site or even this company anymore. This is indicative of the way things are run across the board. It's time for a change and try to start fresh somewhere else.

    As for the letter, my manager will do that for me in a heartbeat. The higher-ups, no way in hell.

    But would it still follow me? I am not being fired, leaving of my own accord. Unless I were somehow taken to court or something right?

    I'm pretty sure that it depends on the company. I know that at my job, they aren't [legally] allowed to talk about anything you did, unless it was reported for legal reasons. Check the employee manual, if you still have it lying around. Write out everything that you've told us [IE: Print this post (after a bit of editing)] and show it to her, then maybe the DM. If they can't answer your question, see if you can get some type of cheap legal advice.

    archonwarp on
    873342-1.png
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    thatguytherethatguythere Registered User regular
    edited December 2006
    Sadly I dont still have my employee manual, I have moved since I started working for the company almost exactly 3 years ago.

    The manager has all of this information, I am not entirely sure that the DM does though. I have already saved it all, dont really feel like rewriting something this long again anytime soon haha.

    thatguythere on
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    haroOharoO Registered User regular
    edited December 2006
    What kind of company is this? Shoe factory? Paper mill? Internet start-up? McDonalds? Logistical warehouse?

    haroO on


    haha made you look
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    thatguytherethatguythere Registered User regular
    edited December 2006
    Its a security company. Fakin' bacon. Rentacops.

    thatguythere on
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    Magus`Magus` The fun has been DOUBLED! Registered User regular
    edited December 2006
    The main reason they don't fire you is because you'd have a fairly excellent case of wrongful termination. Though it'd be hard to prove (or disprove) without proper evidence.

    I've left some jobs on not the greatest of terms (nothing awful) and it hasn't hurt me yet. I would keep the person on your side on close notice just in case, however.

    Personally it'd be hard for me not to threaten legal action as you also would have a decent case of mental anguish. Usually stuff like that is utter BS but in your case it's pretty clear that it's not.

    I hope whatever you do, you find yourself in a better situation. If you haven't already, have you considered getting a CJ degree? You're already into policing so doing that will help you get a job in a 'real' police unit.

    That is, if that's the thing you wanna do with your life. :D

    Magus` on
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    ZonkytonkmanZonkytonkman Registered User regular
    edited December 2006
    wait, why aren't you suing them for defamation?

    Zonkytonkman on
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    SentrySentry Registered User regular
    edited December 2006
    wait, why aren't you suing them for defamation?

    I don't think defamation works like that...

    Most states have laws prohibiting former employers from disclosing details like the ones you have shared. Honestly, when someone calls up to do a reference check, you really are just supposed to state whether or not you'd hire that person again, and if they are just calling your immediate supervisor, you won't have a problem.

    If word does get out from your former company, then you can start suing.

    Sentry on
    [SIGPIC][/SIGPIC]
    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
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    SkwirlSkwirl Registered User regular
    edited December 2006
    This is based entirely on a single semester of introduction to law. But the teacher, who was a lawyer, said that even in legit cases of someone being a bad worker, giving a bad recomendation can open people up to lawsuits, so the worst anyone says about anyone else is "I'm sorry I can't comment."

    If the only phone number a prospective employer has is that of a manager who likes you, then you should be golden anyways. If you are still worried you might ask your manager if you can list her personal phone number so potential employers won't accidently be transfered to the wrong person.

    Also you mentioned things are bad with upper management, but if they are managable, it sounded like CTwas transfered from a differnet department, so you might see about getting transfered as well. Assuming you aren't fed up with corporate of course.

    Again I wanted to stress that what I said about the law comes from a limited understanding and if anyone who knows anything about it can shed some light, that would be awesome.

    Skwirl on
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    ThanatosThanatos Registered User regular
    edited December 2006
    Skwirl wrote:
    This is based entirely on a single semester of introduction to law. But the teacher, who was a lawyer, said that even in legit cases of someone being a bad worker, giving a bad recomendation can open people up to lawsuits, so the worst anyone says about anyone else is "I'm sorry I can't comment."

    If the only phone number a prospective employer has is that of a manager who likes you, then you should be golden anyways. If you are still worried you might ask your manager if you can list her personal phone number so potential employers won't accidently be transfered to the wrong person.

    Also you mentioned things are bad with upper management, but if they are managable, it sounded like CTwas transfered from a differnet department, so you might see about getting transfered as well. Assuming you aren't fed up with corporate of course.

    Again I wanted to stress that what I said about the law comes from a limited understanding and if anyone who knows anything about it can shed some light, that would be awesome.
    This is going to be something that depends entirely on state law, but I do know that this is generally the case in California and New York.

    You might have a decent defamation/slander case against CJ. It wouldn't be for a lot of money, and it might be difficult to prove, but you could take him to small claims court. If you were to win that, it would be a matter of public record, and if it ever came up again, it would be something you could cite as evidence that the accusations against you were bullshit (I wouldn't count on getting any money out of it).

    Thanatos on
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    ZsetrekZsetrek Registered User regular
    edited December 2006
    I agree with Than - talk to a lawyer. This may just blow over, but it has the potential to be bad, and because of that it can't hurt to be prepared.

    Zsetrek on
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    thatguytherethatguythere Registered User regular
    edited December 2006
    Like I said before, I am being moved to a different shift where I wont have to deal with any of them. And that being only temporary as I will be working at a new job within a month easily.

    My hope is that that will defuse the situation enough to avoid any more conflict.

    As for the lawyer, what kind would I speak to? Or what type of specialization would that be?

    thatguythere on
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    SentrySentry Registered User regular
    edited December 2006
    Like I said before, I am being moved to a different shift where I wont have to deal with any of them. And that being only temporary as I will be working at a new job within a month easily.

    My hope is that that will defuse the situation enough to avoid any more conflict.

    As for the lawyer, what kind would I speak to? Or what type of specialization would that be?

    I really don't think you need to speak to a lawyer. So far, nothing that has been said has hurt you financially or physically, so proving harm from defamation will be difficult... if you get to the point where the things said about you prevent you from landing another job, then you should consult a lawyer..

    Sentry on
    [SIGPIC][/SIGPIC]
    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
  • Options
    thatguytherethatguythere Registered User regular
    edited December 2006
    Sentry wrote:
    Like I said before, I am being moved to a different shift where I wont have to deal with any of them. And that being only temporary as I will be working at a new job within a month easily.

    My hope is that that will defuse the situation enough to avoid any more conflict.

    As for the lawyer, what kind would I speak to? Or what type of specialization would that be?

    I really don't think you need to speak to a lawyer. So far, nothing that has been said has hurt you financially or physically, so proving harm from defamation will be difficult... if you get to the point where the things said about you prevent you from landing another job, then you should consult a lawyer..

    I think most people were saying to contact a lawyer more for how I should defend myself in case he should proceed with litigation against me, not for how to hit back with defamation. At least that is what I gathered.

    thatguythere on
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