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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Monday, May 14, 2007

Reader Comments: Defamation by Conduct

Here’s some information that was sent to me by a reader. I’ve concealed the identities of those involved, but this is still a powerful example of how a person can have their reputation destroyed by colleagues and managers. It’s also an example of how defamation/slander, etc. can cost a person their job!

The Reader wrote...

Employers either don’t realize, don’t care, or don’t see it as a serious of issue, but slander, libel and defamation of character are illegal and the employer can be penalized. Here's what happened to me:

Coworker X knew the accusations she made against me were lies, yet she repeated them to Coworker Y, Coworker Z, and Manager A; Manager A then “confirmed” Coworker X’s statements through Coworker Y and Coworker Z, who admitted to Manager A that they were only repeating what they had heard from Coworker X. Neither Manager A nor HR had proof of the accusations, they didn’t make an attempt to find the truth, and based on HR’s comments, HR only judged me guilty because one person made the accusations but the accusations were “confirmed” by “many/several” people. Manager A judged me guilty because according to her “many/several people said the exact same thing and they couldn’t all be wrong.” Uh yeah, and she’s actually a member of management. Go figure.

Coworker X knew she was making false statements against me therefore, her actions were defamatory; Manager A/the company’s actions may show defamation by conduct as their actions showed a “reckless disregard for the truth.”

I was suspended based on these lies! The stipulations in a Final Written Notice I received was that if any employee construed or perceived me to have violated the terms of the suspension or the Final Written Notice, it was grounds for my immediate termination. Well, how and why would any employee be privy to the terms of my disciplinary action? Did Manager A tell staff that if I rolled my eyes to come tell her? Or if they heard me talking about her (as was reported by Coworker X on March 8) or if I didn’t greet them or gesticulated excessively, to inform her? Obviously, the way that Manager A drafted my Final Written Notice which was approved by HR, and the language used regarding grounds for immediate termination implies that staff were privy to information that was not their business and may prove that Manager A/my employer informed my coworkers of my disciplinary action although my coworkers didn’t have a legitimate right to know. This is illegal and grounds for a lawsuit.

If an employee knowingly makes and then spreads false statements about a person/people in the workplace, and the statements negatively impact this person/people, i.e., staff no longer associate with them, advancement/job opportunities are lost, the employer can be accused of defamation by conduct.

Manager A and my employer are guilty of defamation by conduct by “publishing” the Final Written Notice included in my personnel file. The Final Written Notice automatically prevents me from being rehired at my employer because the accusations against me violate their code of ethics. But the accusations aren’t true and that should prove detrimental to my employer’s argument that they did “everything by the book” regarding the actions they took against me.

I was subjected to a reduction in force action/laid off due to my job being designated as no longer necessary. But, I was told that I could reapply for a job at the same company. I pointed out to HR that the language of the Final Written Notice was slanderous and extremely harsh and that my chances of being rehired at my employer were null. She said the Final Written Notice would not be removed – well that was fine with me since it proves my defamation claim. My employer’s conduct in relation to their “investigation” and the Final Written Notice is questionable because the “evidence” they used to judge me guilty were the statements made by Coworker X and confirmed by Coworker Y and Coworker Z – but Coworker Y and Coworker Z admitted to HR and Manager A that they were only repeating what they heard from Coworker X.

Something that may prove detrimental to my employer – Manager A informed some staff that some of us were being laid off (and she named us) before notifying the laid-off coworkers. And, she informed them that we were being let go but new staff were being hired. So how did she justify letting us go?

And, when I called the Director of Labor, Employee Relations and Compliance and informed him of: Coworker X’s actions; another baseless accusation being made against me in an effort to defame my character; and that I continue to question the motivations of Coworker X and Manager A (and I used this exact language), he had the opportunity to investigate the situation right then and there. But he did absolutely nothing. My phone call put him on notice that I was being slandered and maligned yet again, and he did nothing. I am pursuing action in this matter!

What happened to me may also serve as defamation by conduct and courts are starting to take this very seriously. Here are some links that may be helpful:

http://library.findlaw.com/1999/Sep/1/127684.html

http://www.uslaw.com/library/article/carel8DefamatoryAction.html?area_id=43

Thanks, reader, for sharing your horror story!

DO YOU HAVE ANY EXAMPLES OF WORKPLACE DEFAMATION, ETC. THAT YOU’D LIKE TO SHARE? POST A COMMENT OR SEND AN EMAIL TO BLACKONTHEJOB@YAHOO.COM!

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