Question about hostile work environment

[witty username]

What is the name of your state? MA

I was written up by my employer for actions which he said was "unsubstantiated but from a reliable source," where he said that I had created a "hostile work environment." These allegations are false. How can an employer write you up for "unsubstantiated" claims, and when you ask for examples, he states that he can not give any (this is all based on rumor).

Also, I signed the write up (I was so taken back at the time he asked me to do it, as he caught me off guard). Can I ask that it be removed from my personnel file?

If not, can a future employer see this write up?

I am thinking of getting a lawyer, but wanted to get some input first. Thanks in advance.

 

[cbg]

How can an employer write you up for "unsubstantiated" claims

He can do so because no law says he cannot.

Can I ask that it be removed from my personnel file?

You can ask. The employer has no legal obligation to agree. (BTW, signing it does not mean you agree; it means you have been advised of management's view on the matter. Signing it was a smart move.) However, you are in one of the very few states where the law gives you the right to write a rebuttal to anything in your file with which you do not agree, and the employer is legally obligated to leave the rebuttal there.

If not, can a future employer see this write up?

Technically, yes, since no law prohibts your current employer from showing it to them. Practically, however, the likelihood of that happening is so slim as to be practically non-existant. I have been in some form of HR for nearly 30 years and I have NEVER had a situation where I either was offered a look at an applicant's personnel file from a former employer, or was asked for a copy from a prospective employer. I have never HEARD of such a thing happening. I am in close touch with a great many HR practitioners from all over the US and I know that none of them have ever run into those situations either. Frankly, it would never occur to a professional HR representative to ask for it. So while showing it to a prospective employer would not violate the law, I truly would not lose any sleep over it. It's not going to happen.