I reside in Florida. I am employed as an Office Manager in a medical practice. In November I was counseled for inappropriate touching/poking or jabbing. I was placed on probation for 90 days. I was informed that 4 seperate people came to HR and complained, but I was TOLD I was NOT allowed to know whom made the complaint. I am NOt allowed to discuss this matter with anyone and if I do I could be fired. (threats) My question is: Can I legally have a copy of my employment file, because I believe the complaints are false and they are going to fire me at the end of the 90 day period. I also have a right to faxe my accusers right? Can someone help me?? I am interested in getting an attorney. Thank you in advance for any opinions. Kim P.
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Wrongfully Accused
- Thread starter sportg6
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It's interesting that you say that you "believe" the complaints are false.
Proserpina
Senior Member
No, you do not have the right to face any accusers.
If you're part of a union you need to be talking to your union rep.
cbg
I'm a Northern Girl
To answer the question you have asked, yes, you can legally have a copy of your personnel file.
To answer the question I believe you intended to ask, no, you do not have a right under the law to have a copy of or even see your personnel file - not in your state or most others.
Nothing in employment law gives you the right to "face your accusers" and in fact, your employer is following best practice in NOT letting you know who it is.
By all means talk to an attorney but your employer is doing nothing illegal. Not even if they fire you. Read my signature to find out why.
To answer the question I believe you intended to ask, no, you do not have a right under the law to have a copy of or even see your personnel file - not in your state or most others.
Nothing in employment law gives you the right to "face your accusers" and in fact, your employer is following best practice in NOT letting you know who it is.
By all means talk to an attorney but your employer is doing nothing illegal. Not even if they fire you. Read my signature to find out why.
Proserpina
Senior Member
cbg
I'm a Northern Girl
In Florida, and in many other states, whether or not an employee can see their personnel file is entirely up to the employer. If the employer wishes to allow the employee to see it they may; if the employer does not wish the employee to see it the law will not compell it.
ANY touching in the workplace is inappropriate. It does not have to be sexually based, or aggressive, to be inappropriate. KEEP YOUR HANDS TO YOURSELF. Tapping on the shoulder to get attention can still be considered inappropriate by the employer whether you think it is or not.
ANY touching in the workplace is inappropriate. It does not have to be sexually based, or aggressive, to be inappropriate. KEEP YOUR HANDS TO YOURSELF. Tapping on the shoulder to get attention can still be considered inappropriate by the employer whether you think it is or not.
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applecruncher
Senior Member
First you say you believe the complaints are false. Then you admit tapping someone on the shoulder to get their attention. (So the title of your thread ' "Wrongfully Accused" - is incorrect.) Most likely you tapped/touched several people if there were 4 complaints. You should have kept your hands to yourself. The way to get a person's attention is to say their name.
Had I worked with you, I would have told you in no uncertain terms not to tap me or touch me. I don't like it; it's inappropriate. And it may very well get your fired.
I can tell by your tone and typing in caps (SHOUTING) that you're getting all hot under the collar and defensive . . .also, wanting to face your accuser(s) is overly dramatic. There is no trial; you're not in court.
You can talk to an attorney if you get fired, but I doubt it will do any good. If you aren't fired, consider yourself fortunate and stop touching people at work. OTOH, call an attorney who practices employment law and see what he/she tell you. Bet it won't be any different that what you've been told here (unless you've left some information out).
Had I worked with you, I would have told you in no uncertain terms not to tap me or touch me. I don't like it; it's inappropriate. And it may very well get your fired.
I can tell by your tone and typing in caps (SHOUTING) that you're getting all hot under the collar and defensive . . .also, wanting to face your accuser(s) is overly dramatic. There is no trial; you're not in court.
You can talk to an attorney if you get fired, but I doubt it will do any good. If you aren't fired, consider yourself fortunate and stop touching people at work. OTOH, call an attorney who practices employment law and see what he/she tell you. Bet it won't be any different that what you've been told here (unless you've left some information out).
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No, I am not getting defensive and yes there is more to the story. I guess people just judge prior to knowing all the facts. I was just trying to get brief questons answered and this is what I get. Thanks for all of you opinions, but I'll go see a lawyer for the rest of my questions when I can explain and show proof of all the happenings to my situation. Just an example of miscommunication and perception of expression. Thank you.
applecruncher
Senior Member
I'm sure there is.
Sorry we couldn't tell you what you wanted to hear.
!CuriousGeorge!
Member
Hi, saw your post ... currently the supreme court has ruled on a case where the complaint had no validity ... where the accused actually was found to be able to sue the company based on an unfounded complaint & then termination..
Go read this SCOTUS opinion, just handed down on 1-24-11:
Thompson v. North American Stainless, LP
2010 Term Opinions of the Court is their website
See if the case has anything similar to yours. Post your viewpoint if you wish.
Go read this SCOTUS opinion, just handed down on 1-24-11:
Thompson v. North American Stainless, LP
2010 Term Opinions of the Court is their website
See if the case has anything similar to yours. Post your viewpoint if you wish.
You are an idiot! This case was for third party retaliation and has nothing whats so ever to do with the OP's situation.
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