False Accusations??

[Curious_George1]

What is the name of your state? VA


I had a meeting w/my manager, manager's manager, and HR. I was informed that I was being placed on a get-well plan due to false accusations. I am rebutting the false accusations.

After the rebuttal and I prove all of the accusations are false, can the company still pursue the get-well plan based off of biased opinions? If they do, then should I contact legal counsel based off of discrimination or deformation of character?

Why I am stating discrimination or deformation of character follows. I am being singled out due to personnel not factual issues. Now, all of my colleagues are aware of the incident and that has tarnished my reputation (Deformation of character).

Any sound advice? Thks….

 

[HomeGuru]

What is the name of your state? VA


I had a meeting w/my manager, manager's manager, and HR. I was informed that I was being placed on a get-well plan due to false accusations. I am rebutting the false accusations.

After the rebuttal and I prove all of the accusations are false, can the company still pursue the get-well plan based off of biased opinions? If they do, then should I contact legal counsel based off of discrimination or deformation of character?

Why I am stating discrimination or deformation of character follows. I am being singled out due to personnel not factual issues. Now, all of my colleagues are aware of the incident and that has tarnished my reputation (Deformation of character).

Any sound advice? Thks….

**A: Curious George, what character and physical deformaties do you have? Do you look like a monkey?

signed,
Your Monkey's Uncle

 

[Beth3]

Get well plan? Do you mean a performance improvement plan?

If your employer feels your job performance is unsatisfactory, they are free to share those concerns with you and require you to improve your performance. The fact that you don't agree or that they may even be mistaken in their conclusions is irrelevant. Management has the right to manage their employees as they see fit. Singling you out due to "personal issues" is not unlawful unless you mean your race, gender, national origin, religion, handicap, etc.

As to defamation of character, the members of management where you work are "parties in interest" in your employment and thus have a high degree of protection in sharing their thoughts on you and your job performance among themselves. Just because your colleagues became aware of the incident does not make it defamation.

 

[Curious_George1]

Beth3, I appreciate your feedback. Here are a couple of things.

Get well plan? Do you mean a performance improvement plan? These are both in the same. Some companies refer to performance improvement plan (pip) others and government agencies refer to it as a get-well plan.

If your employer feels your job performance is unsatisfactory, they are free to share those concerns with you and require you to improve your performance. The fact that you don't agree or that they may even be mistaken in their conclusions is irrelevant. Management has the right to manage their employees as they see fit. Singling you out due to "personal issues" is not unlawful unless you mean your race, gender, national origin, religion, handicap, etc.

If your job performance, especially your annual review just came back satisfactory with others or above, and your employer is stating areas of improvement that they are basing on false facts. Then, the employee needs to inform them of the discrepancy, if they continue on pursuing it and it effects your job performance and others around you are not receiving the same just treatment, then it can be perceived as discrimination.

Management has the right to manage their employees in a fair and equal manner. Where discrimination can come into play is based on someone's national origin, religion, race, etc. and they are the only one in that department of that religious faith, ethnicity, etc. no one can prove that it is not based on a discriminating factor.

As to defamation of character, the members of management where you work are "parties in interest" in your employment and thus have a high degree of protection in sharing their thoughts on you and your job performance among themselves. Just because your colleagues became aware of the incident does not make it defamation.

On defamation of character it does have an impact if the information is false creating a work environment that is hostile or where you are the center of discussions and establishing scenarios where working with others is problematic.

"All managers are not created equal". I mean just because someone has a title or fills a position does not mean they are infallible. In large established companies the job of a manager is multifaceted, but my experience is if you treat everyone fairly and you do not make it personal then your fellow employees will appreciate you and the company.

You counsel in private, you appraise in public. I establish a performance improvement plan, first I state the facts (NO Personal Opinions). If the employee questions where I obtained the information I should have my facts straight. We do not know exactly does not cut it in court. We have in writing, subject to change based on the discussions how the employee and management will work to have them back on track.