Defamation and Retaliation

To begin I worked as an exempt HR Generealist and had to do an investigation in our department based on discrimination. The victim had sevearl complaints over a 5 to 10 month time frame and the suspect had other complaints about her. Finally my boss gave me the authorization to do the investigation and to work closely with the company lawyer. I investigated and found that there was no discrimination claim but the lawyer and I felt the suspect should be repremended with a verbal or write-up. I never saw a write-up but the HR Director and the suspect are good friends. This company is a Mexican company and the HR Director and the suspect (Payroll Manager) are the only two employees that do not speak Spanish. Afterwards, I realized this investigation needed to be done becuase the company was laying off the Department where the victim worked. I later was told by my boss the (HR Director) not to be biased in my decision because it seemed I was doing so becuase I wrote that the suspect should be written up, however, the HR Director at that time did not know our lawyer had aggreed with me. Later my relationship with the HR Director was not the same. During this time the HR Manager position was vacant. The HR Director, Payroll Manager, and a Co-worker where accusing me of being to friendly with another co-worker. they knew I was having problems at home and saw us going to lunch together with another co-worker most of the time mind you so they assumed I was having an affair with this co-worker. In the end they terminated that co-worker based on performanc. That day right after they terminated my co-worker the HR Director brought me to her office and said "We just terminated X Employee what do you think about it?" I went on to say I was giving my two weeks a decision I had made two days prior and luckily had told a person in another department! I said but maybe one day I can come back the HR Director replied I have to heavily think about it because you burned bridges. I definately know that is not true because once all Company's Directors found out I was leaving they called our parent company in Mexico to try to convince me to stay etc.. However, when our boss from Mexico came he wanted me to stay but asked if I was interested in the HR Manager position I was elated and said yes and he wanted to interview myself and the co-worker that was keeping a close relationship with the HR Director and Payroll Manager. The boss from Mexico asked many Diectors how they worked with me and my co-worker. The next day he made his decision after talking to the HR Director. i don not know what was said but I was passed for the position which was fine but then on my last day, while I went to pick up some thank you cakes for almost every department in the company; the Payroll Manager and new HR Manager went through my office and my personal stuff in my box and took out some investigations I had and cleaned out my office and put everyhting out side my office at 5:30 and locked my door --knowing I was coming back, since I am exempt and it wasmy last day I had to get my stuff. When I came back co-workers told me what they did and the Payroll Manager said I was taking proprietary information of the company and their property! I was going to give that information etc ..to the HR Manager along with pendings I had I replied! Then later I find out through ex co-workers that the HR Mangager said I left on the day I resigned two weeks earlier because I was consoling the co-worker they termianted and accuse dme of having an affair, thus hurting my character and name with others in the company when in fact that day I asked my boss for a couple of hours off then I had to go terminate some one at a local store! I feel there was retaliation based on me not getting the position I was qualified for because of the rift between myself and the HR Director due to the investigation I had done! Plus they went through my stuff in my box where I was placing my personal belongings and accused me of taking company property. Also, there was defamation of character becuase my name was dragged everywhere based on the accusations that had nothing to do with my work performance etc.

1 answer  |  asked Oct 8, 2006 07:21 AM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
you have claims

your question is not clear - what are you seeking? representation?
you have claims for violation of the feha, title vii, and common law claims.
you are welcome to call me for a free consultation.
janet m. koehn
805-658-0655

posted by Janet M. Koehn  |  Oct 8, 2006 3:20 PM [EST]

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