Wednesday, September 16, 2009


If you have found yourself in a situation where you have filed an internal or external grievance against your employer for a racially-based problem at work, here's something to consider...

Are various aspects of your employer's defense reasonable? Are various aspects of your employer's allegations against you plausible? It sounds simplisitic, but this is a big deal.

Really read through complaints made about you by your employer and ask yourself if a third party (read: a lawyer or investigator) will find inherent plausibility in your employer's arguments. Is what your employers are saying about you sound on its face?

Here's what I mean. In an effort to retaliate against me, for an issue I won't go into here, my employer accused me of being disliked by all of my coworkers. Yes, I mean every last one of them! However, just 9 months earlier, my employer gave me a written evaluation that stated I was a joy to work with, was pleasant, was well-liked, etc. So, instead of it being my word against my employer's word, my final year-end review showed there was no inherent plausbility to my employer's argument that every action taken against me had to do with the fact that I was intensely disliked and, therefore, was disruptive on my projects.

You need to read every sentence of important emails and documents and highlight what arguments/defenses are cleary implausible. This will help prove your case, may show that your employer is engaged in a coverup to hide the true motives behind their actions, and can be the key to establishing your credibility with any third party that becomes involved in your case.

Show how your case is plausible and truthful, while showing how your employer's defense and arguments are completely without basis and unreasonable.


Anonymous Anonymous said...

What if you were set up like this?

When I had reached my wit's end, and got up the courage, wrote out my thoughts on a yellow pad, and snuck off to the H.R. dept. in order to file a formal complaint. I was distressed and did not know my legal rights or have a grasp of what actions a supervisor can legally take at work. So the -I sat down in an office directly across from a smiling H.R. Rep on the other side of the desk. It was so nice to have someone to talk to, someone to finally listen, I spilled out all my throughts and frustrations that had been building up inside. I trusted these crooked manipulative people. Like a fool I believed in the companies anti-retaliation policy. I was completely manipulated by the H.R. Rep as she smiled and nodded and wrote down some notes. I was comforted by the smiling and nodding, and so again like a dummy I kept talking, telling the H.R. Rep every unfair or hurtful thing the boss has said or done. The H.R. Rep continued to smile and nod while I spoke about my boss when the meeting with H.R. Was over. After meeting with H.R. I must admit I felt better about my situation. I honestly felt like she had HEARD; I felt like the company was taking my concerns seriously. I was confident that it would not be long before my evil boss would get what is coming to them. H.R. Said: "We will thoroughly look into the important issues you've raised" or "We'll get back to you next week." The week went by and nothing happened.I felt better for the week believing something would be done.I just knew H.R. already interviewed the boss, who now understood that they better change, or they will get in trouble. I believed that H.R. would conduct an investigation, but this was so far from the truth that was lurking behind closed doors. After the post-investigation with H.R. I was sitting on pins and needles by the time I heard from the H.R. Rep, who says that the investigation is complete. The H.R. Rep asked me to come to her dept immediatelyto go over it. I imagined reading through pages of an investigation report that confirmed that my boss was a serial harasser and employee abuser. I even imagined like a dummy that
the boss would be reprimanded demoted or suspended, and possibly even fired.It's with these thoughts in mind that I had as I walked to H.R. To meet with th rep for the follow up meeting. The H.R. Rep greets me still smiling and seems genuinely happy to see me. I smiled back, the H.R. Rep guided me past the office where we had originally met before, and gestures instead to a conference room or a room. On the phone were several other people from headquarters shouting at me for a complaint filed against me by 4 co-workers who were agents for my boss claiming I had an aggressive demeanor and telling me that it was mandatory that I participate in a team building workshop because I had a problem getting along with my co-workers. They had turned an issue of discrimination and preferences for white people into a social issue.

Not only does the HR Rep claim that they were unable to substantiate harassment, retaliation, etc., but now the tables have been turned and the bloodbath had begun. Me the unsuspecting employee is being accused of false allegations about my demeanor --- and I don't even curse or swear and work Performance Evaluation flaws. I was hoodwinked, bamboozled!

10:15 AM  

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