Monday, September 14, 2009

You Should Be Constantly Thinking of Ways and Taking Advantage of Opportunities to Prove Your Case!

When you are contemplating filing a race-based complaint, internally or externally, think about how you will overcome the lies that your employer probably has already told about you.

An employer can make up any excuse to justify employment actions against an employee. These excuses don’t have to be proven unless the employee complains about the action. So, the employer can go ahead and accuse you of fabricated performance deficiencies and use those false allegations to deny you a promotion, for example. Unless you say, “I’m being denied advancement for reasons that are without merit…,” no one will ever examine the allegations against you. Why would they?

Unless you work for an extremely small company, HR staff may know your name, they probably remember what department you’re assigned to, they may remember your title, but they don’t know your specific contributions to the company—during any given day, month or year. So, don’t think someone in HR will get suspicious, if you are suddenly accused of very negative behavior at work, which is completely out of character for you.

When I worked in HR, not one HR staff person read the performance evaluations that were filtered through our office for filing. We simply got a copy, ensured that the employee signed that they read and understood the review, ensured that the supervisor signed the review, and placed the review in the employee’s personnel file. That was it! We never read it to see if anything was fishy or inconsistent or contradictory or just plain unacceptable at face value.

So, it’s up to you to challenge false allegations that a coworker or supervisor, etc. is making about you.

If you decide to challenge a false claim, the first thing you need to consider is how you are going to refute supervisor/employer lies. Let’s use the example that you are falsely accused of performance deficiencies. To combat that lie, you could:

--Show copies of previous performance evaluations that contradict what was said;
--Produce copies of emails that contradict new negative allegations against you; and
--Show thank you cards form clients and coworkers; etc.

You could also check the personnel manual in order to prove that your supervisor, employer, etc. violated the company’s written policies and procedures. Your employer would then be forced to justify why they did not follow the pre-existing guidelines they established. This goes a long way in showing an agenda against an employee and shows clear intent, not an accident, in executing an employment action!!

If you are placed on probation, for example, based on false allegations, go to the personnel manual. What does the manual say about handling management issues? If the manual says that an employee should first be given 1) an oral warning; 2) a written warning; 3) be placed on probation, your employer would have to answer why they jumped to step #3 of their own process. They have to justify why what you did was so egregious they violated their own policy, especially if you don’t have a history of having any performance issues.

Other things you could do include:

--Getting witness corroboration to support your version of events. Ask coworkers to write statements for you or to speak to HR reps on your behalf. Getting support in writing is best!

--Tape recording meetings to get verbal threats, racial epithets, etc. on tape.

--Keeping a log of all race-based incidents, incidents of harassment, etc. with specifics details on who did what and when!

--Requesting an internal investigation to place the burden on the company to stop or reverse the fraudulent employment action. Get the HR department on record, should you need to go to a lawyer or outside investigatory agency!

--Keep a log of all the lies your employer tells and write specific quotes (include the date and time of conversations, etc.). Put yourself in a position to have fantastic recall of who said what and when!

1 Comments:

Blogger Seb said...

Great post! This is very helpful. I'm sure I'd visit your site more often. Anyway, you can drop by my favorite online hang out too, at UK Student Community. Thanks!

12:53 AM  

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