Monday, October 22, 2007

Always Maintain a High Level of Credibility!

Most people, who’ve become a target at work, can tell some real horror stories about how far a supervisor, executive or a company—as a whole—was willing to go in order to deny them a promotion, set them up for termination, etc.

They can also tell you stories about how bold many workers at a company are and how they often eagerly participate in activities with a supervisor or on behalf of the company. The level of complicity is staggering, when it comes to the networks that are built with the sole purpose of getting rid of an employee, trying to get the company out of legal jeopardy, etc.

I worked at a company that was found guilty of retaliating against a Black manager. The company was found guilty of illegal behavior that included creating false documentation (e.g., falsifying timesheets in a malicious attempt to show the manager had been absent without official leave). This employer also went as far as creating documentation of fabricated and malicious performance deficiencies that did not exist. All of this false documentation served the sole purpose of trying to create a pretext (read: a legitimate reason) for why supervisors, HR staff, and others were targeting this Black manager. Luckily, it didn’t work.

But, sometimes it does.

Regardless of whatever kind of shady activities any coworker, supervisor, manager, director, executive, etc. is engaging in at work, it’s up to you to maintain the high road by remaining truthful about your situation on the job.

Let the liars lie. Let the schemers scheme. You can’t control anyone, but yourself. So, when people are lying on you and scheming against you, your best bet is to be very observant, to keep your ears open, and to document everything.

Here’s the deal. Any internal or external investigator or an attorney is going to try to get to the truth of what has taken place at a company. Part of finding the truth will include phone interviews, face-to-face interviews, discussions with witnesses, an examination of evidence (charts, instructions, emails, memos, etc.) and other factors. When everything is said and done, someone will be determined to be truthful and someone’s allegations will be found to be without merit.

Don’t let that person be you!

When people are lying about you and destroying your reputation and career at work, it is tempting to try to hit back at them as hard as they are coming at you. But, you can’t sink to the level of dirty water. Think about it…

Unless you are working at some little rinky-dink company, your employer is likely going to have a lot of manpower and other resources to commit to bringing you down, slandering your reputation, setting you up for failure to justify negative employment actions (including termination), and to pretty much do whatever is ordered by those in authority.

You don’t and won’t have those kinds of resources and support. So, the best thing you can do is to be aware of your rights, to document everything, to keep lists of witnesses to back up your story, to tape record conversations, to save important emails, memos, instructions, offensive phone messages, etc. as a way to prove that you are being subjected to illegal mistreatment.

Never submit to the temptation to stretch the truth or outright lie. One fabrication revealed by a 3rd party (investigator or attorney) will shatter your credibility and make you look like a flat out liar and troublemaker. Lies can turn the case in favor of your employer, who might have been found guilty of misconduct...if you’d stuck to the facts!

It’s hard enough to get people to believe race-based complaints. So, do not give your employer ammunition and don’t set yourself up to be disbelieved based on a white lie or a major lie. Instead, focus on revealing the lies being told by a coworker, supervisor or anyone else at your job, who is engaging in a cover-up or who is targeting you solely based on your race. Put your energy into refuting your employer’s claims that nothing happened or that your performance, attitude or behaviors somehow justified negative employment actions.

Also, remember that, when it comes to race, there are some White people who will give another White person the benefit of the doubt, even in the face of serious evidence of race-based misconduct. There are also some Black people, who do not believe that racism exists--except in the minds of race-baiting Blacks, who they think like to be vicitms. You don't know who you will encounter and what perspective they are bringing to the table.

Assuming a 3rd party investigating your complaint is not the most open-minded person on the planet, your job is to make it hard for that person to ignore the facts and to ignore the truth of what has happened at your job. If a 3rd party says that they have found no evidence of race-based discrimination or harassment, you can file an appeal (usually for an internal or external investigation). During the appeal, it may be revelaed that errors or biases wrongly impacted the findings in your case. But, again, your truthfulness will go a long way to showing your case has merit.

Remember: Keep your eyes on the prize. Stay strong. And, speak truth to power!

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3 Comments:

Blogger Unknown said...

I am currently a subject of a discrimination lawsuit. That said, if an employer sends an employee's file to a 3rd party (in this case a law firm) via subpoena, doesn't this violate that employee's privacy rights if the employer complied with said subpoena without notifying the employee. If so, what law was violated? Thanks in advance for your advice.

3:54 PM  
Blogger S. Mary Wills said...

I would have to look into that. But, my first thought is that an employer isn't obligated to notify an employee prior to responding to a subpoena. The employer has to answer the request, which is a legal order. Most employees would not agree to have their records turned over, as part of a lawsuit. Therefore, a subpoena would be unenforceable if employee consent was required.

Your lawyer could probably come up with some arguments to dismiss this an that (that's what lawyers do) on various grounds. Doesn't mean a judge will agree to throw out any evidence, but who knows?

Since, you are the subject of a lawsuit, do you have any words of wisdom to share about the experience? I assume you feel you aren't guilty of discrimination, so what do you think led to the problem rising to this level? What could have been done differently to head off the problem?

12:27 PM  
Blogger Unknown said...

Hello there:

I appreciate your timely response to my email. In addition, I want to commend you on the work you are doing in getting the word out regarding discrimination (how to conduct oneself, what to look out for and links to additional resources in combating this persistent/repackaged evil) in the workplace. In responding to your comment, I am aware of the fact that when an outside law firm decides to subpoena a given individual educational record from a school or college, that institution is required by privacy laws to notified the students of said subpoena. With that said, does the same apply to employees in the workplace? Bearing that in mind, if you can look into that some more---much appreciation. As far as my wisdom with respect to workplace discrimination as it applies to my experiences, I don't think that I could have done anything differently. However, before I get into my situation (which is in the Appeals Court), the info. that I am contemplating sharing with you (for the sake of arming and encouraging your readers) contains personal info. on the jury along with all the events of the trial leading up to a partial favorable verdict for me, hence my concern is confidentiality. Is there another mode of communication (i.e. telephone #) besides your email address for the purpose of erasing any fears I have in disclosing my experiences? Again, thanks in advance.

9:12 AM  

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