• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

What should be said in investigative interview and what are legal repercussions for all involved?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Snowingamanda

New member
State of North Carolina:

Hi, asking for my elderly Latina mother-in-law with limited English. I helped her write a complaint about workplace harassment at a Harris Teeter. Now she has an interview with HR and asked for help to prepare, and I’d like to know what the legal repercussions may be for everyone.


She experienced workplace conflict and management always took a stand against her without investigation. She was labeled a troublemaker. Example: store hired students in summer. Her supervisor chatted up one girl while mother-in-law got swamped with customers so she strictly told her to stop talking and take out trash. The girl cried and mother-in-law said “poor baby, someone asked her to do work instead of talking. Boo-hoo.” The girl complained and store manager wrote mother in law up even tho she asked him to check camera and see what happened. Store manager asked other employees who confirmed that mother-in-law was “mean” even though she wasn’t. Later supervisor apologized. So, with a written complaint, should she try to explain this, or only if asked?


This happened in a context for which she filed this complaint. Like, store manager starting young people with a higher salary than she had after 5 years, even though she does good work and recently got a praise letter after positive customer feedback. Or giving a raise to everyone but her until she repeatedly asked. Or giving her closing and opening shifts back to back. When there was a conflict with another employee (he wanted to buy 4 last items - she asked for - he refused - she took 2 items and paid, which started the conflict), - verbal arguments followed over weeks, but mother in law did not cuss, while that employee called her poor, mocked her English, and used F* word but was not stopped by the supervisor watching.

Supervisor was rude to her often and she complained to store manager yet he never took her seriously. When she decided to quit, he moved her to another store dept.
Recently, this English-speaking supervisor came to the dept. where she works, offered help, and when she declined, called her offensive Spanish names, dared her to complain with her poor English, and saying nothing will be done about it anyways. Next day her lunchbox disappeared with prescription drops needed after her eye surgery, and she spent the night in pain. Next morning she discovered supervisor had it.

She now shared that this supervisor asked her for loans and sometimes she declined (so she wasn’t afraid he’d fire her) but also loaned him $500 and $2,000 (with a signed note, and he paid back). She helped as he has 6 kids but 2nd time she also asked for and received an extra week of vacation. Once she complained about rude behavior to store
manager and mentioned loans but was told that it’s a personal matter. Sounds like quid pro quo (the 2nd time) and sheds light why that supervisor was helpful and apologetic but also rude and harassing. Should she mention this at HR interview?
Thank you!
Maria
 


cbg

I'm a Northern Girl
HR professional and former conductor of such interviews here:

It is not at all appropriate, or wise, for us to try to coach her on what to say or not say. Without a great deal more information than a third party can, or should, post here and including information neither you nor she may know, we could quite inadvertently harm her case instead of help it.

If she feels she needs outside help, she needs to consult with a local attorney to whom she can give all the details and get professional advice. She should also be prepared to answer all questions truthfully.

But an internet message board cannot advise her on what she should and should not say.
 
Last edited:

commentator

Senior Member
I agree strongly that it is very hard for someone on the outside to help much with this kind of complaint for which she is finally getting a hearing. However, I will counsel you do remember to keep it to one specific issue. What exactly are you going to try to maintain? What is it that she is complaining about? EXACTLY? What I am hearing from you is an awful lot of two problems, one of which is the "kitchen sink" thing, where there was this issue and then this issue and this other issue and this other issue. To the point that you have diluted your presentation away from the most important point you are trying to make, which is that your mother was subjected to illegal discimination in her treatment by her employer. You maintain this due to this incident, this one and this other one. Be brief. Just the facts, not heaps and heaps of random things that have happened.

Which leads to the other great dilution of the presentation, which we used to call the "my boss slapped me last February" problem. If this discriminatory act took place a long time ago, several months or years ago, and no complaint was filed, nothing was said or done at that specific time, it does not strengthen your presentation to throw it in there. That there has been a pattern, that this pattern has culminated in this particular episode, and this is where we are now......

Songwriters say, "Don't bore us, get to the chorus!" And to you I would say, figure out exactly what it is that your mother wants to say to the management that is going to be hearing her complaint. Figure out why she wanted the hearing, what she'd like to see happen. Keep it brief.
 
Last edited:

Snowingamanda

New member
Thank you, this is the best advise I’ve gotten! Yes, we filed a complaint only about the one episode where the manager came over and called her names. I will let her know that it’d be best if she just sticks to that complaint. Thank you again!!
 

Snowingamanda

New member
HR professional and former conductor of such interviews here:

It is not at all appropriate, or wise, for us to try to coach her on what to say or not say. Without a great deal more information than a third party can, or should, post here and including information neither you nor she may know, we could quite inadvertently harm her case instead of help it.

If she feels she needs outside help, she needs to consult with a local attorney to whom she can give all the details and get professional advice. She should also be prepared to answer all questions truthfully.

But an internet message board cannot advise her on what she should and should not say.
 

Snowingamanda

New member
Yes, I understand and agree. I couldn’t figure out a shorter and better title for the post, but the intention was exactly as the second poster said - to ask if she should mention all those episodes, or just focus on the present one, Anne since she was written up before, if she should mention and try to explain that part preemptively or only if she is asked. She is a very truthful Christian woman so even if I wanted to I couldn’t “coach” her to lie or hide something intentionally. The question was just more about what to focus on or prioritize in this interview. And for me, the whole exchange of loans vs vacation time threw me off - I thought I’d about the possible repercussions… thank you
 

TigerD

Senior Member
Wait. cbg is, as always, providing excellent advice. But I think we are missing a question here. Your MIL is considering telling HR that she demanded and received an extra week of vacation in exchange for making a personal loan to a supervisor. There is a very real chance both your MIL and her supervisor are unemployed after that interview.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top