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Falsely Accused at Work, but no Evidence

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Ffej

Junior Member
What is the name of your state? NY

Hello,

I am an employee at a large NYC public agency, where I have been so for 14 years.

On Monday, I was called into my Department Director's office. I was put at a table with two other supervisors. I was given a memo from him accusing me that I have made a false written statement concerning a grudge about another employee in another department, and using agency letterhead for a private matter. From what I understand, it sounds quite defamatory and injurious to reputation.

The person identified in the letter that I am accused of making a statement is someone who I had an email exchange with a couple of weeks ago where we had a dispute about a civil service matter. However, the email was not the subject of the memo I was given.

From what I could deduce from the meeting, it sounded as if the memo referred to this person violating personnel practices.

I asked the Director to give me a copy of the defamatory statement I had made. He said He cannot give it to me.

I asked the Director if he has a copy of it for himself. He said No, he does not have a copy.

I asked the Director if he has ever seen this alleged written statement I allegedly made. He said NO, he has never seen it.

So I said "How can you accuse me of anything if you cannot produce any evidence?" His answer is he thinks there may be a statement that was made that can link you to it or identify you." I said "How?" He said he can't specify.

At this point I said I have to have union representation. The Director said I cannot have representation in the meeting because the meeting is not disciplinary. I disagree of course.

I was asked to sign the memo. There was a line on the bottom for me to sign on with a line saying I have received the memo. I signed it because I know that not signing it can be construed as insubordination or at least an act of defiance. On the memo above my signature, I wrote that I have not received a copy of the aforementioned statement I allegedly made.

I was also told that if I did not sign it within 48 hours, there will be a disciplinary hearing.

So, is there any wrongdoing here on the part of the Director? Am I supposed to get a copy of what I am being accused of? Can I be accused of and be written up without any evidence? And if they are so sure I am responsible, wouldn't they give me a copy right there?

Can they still try to persue a case against me?

The union has indicated that management may have opened themselves to liability. They need to investigate further.

thanks for any replies.
 


AL HR

Member
It all depends on what your CBA says and precedent in your union environment as it may provide you more job protection than regular state/federal employment laws.

I can tell you, that without a collective bargaining agreement:

So, is there any wrongdoing here on the part of the Director? No
Am I supposed to get a copy of what I am being accused of? No law requiring it.
Can I be accused of and be written up without any evidence? Yes
And if they are so sure I am responsible, wouldn't they give me a copy right there? I can't speculate on what another employer thinks.
 

Ffej

Junior Member
Make a disclaimer?

Should I make a disclaimer that I did not know about this letter about the other employee?
 

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