Do I have the right to see documentation of an alleged complaint against me?

I have worked for the same company for 4 years now and I am well respected by my peers. The company recently made several changes which has resulted in a wider gap between clinicians and middle management. Many of my peers are coming to me with issues that normally would go to management. I have allowed people to vent and then offered ways to approach management. I received a written warning from management claiming that a co-worker was uncomfortable with my negativity. Although I absolutely respect the right of this alleged person to remain anonymous, do I have the right to request a copy of the complaint without identifying information? They have told me the complaint was verbal with no documentation. If this in fact does lead to termination proceedings, an I then able to request open, documented disclosure of the accusation? Thanks for your help.

1 answer  |  asked Mar 5, 2011 04:23 AM [EST]  |  applies to Massachusetts

Answers (1)

Kevin McGann
You have the right to see everything in your personnel file, but this is not going to show up there. You do not have an automatic "right" as an employee to "confront" your accuser or demand details of the complaint. Management can handle this in any (non-discriminatory) way they choose, hopefully fairly. If you are disciplined you may have rights to explain/defend yourself if they are promised in an employee manual.

Employees do not have the same rights in employment situations as the constitutional protections offered to people accused of crimes by the government.

posted by Kevin McGann  |  Mar 5, 2011 08:41 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA

more Virginia Employment Lawyers