Question to Ask the Workplace Doctors about claim of a racial comment:
I recently wrote-up one of my managers for not reporting to work as scheduled. This manager did not call his immediate supervisor, me or anyone else. Once he returned to work, he was met by me to find out what had happened. Long story short, he admitted that he “F### up”. So he was given our final step in write-ups, as this was a serious offense. He was docked 1-day’s pay. He could have received 3-day suspension without pay. He was irritated at the conclusion of the meeting and refused to sign the paper.
About a week later, my boss told me that he filed a complaint with H.R. stating that another Manager and I made a racial remark that offended him. Although I have not been told what this remark is and those 4 days later he still had not filled out any paperwork for this complaint, I really feel that this allegation was brought on as retaliation for his write-up. What laws are available to people that are intentionally & deliberately wrongfully accused of such a serious offense? He should not be allowed to get away with this. What recourse could I have since if is found to be true, I could lose my job. Shouldn’t he risk the same for making false claims? Thank you.
Signed, False Claim
Dear False Claim:
Our site addresses communication-related workplace questions, but not those that request legal advice. Your question, however, at this time doesn’t appear to be legal. Guest Respondent, Dan Kearney, a Human Resources Manager, provides the following remarks: Your statement presents a lot of issues that need to be addressed individually. 1) Why are you writing up the individual? That’s the duty of HR. 2) Do you have a progressive discipline policy outlined in your employee handbook? 3) Was this the first time this person was late? 4) Has this person been written up before for tardiness? 5) He has the right NOT to sign the document.The signature only means he received the written warning, NOT that he agrees with it. 6) Were there any witnesses to this meeting?If so, have HR get a written statement from you and anybody else that was present for that meeting, describing in detail (Date, Time, Place of meeting, Who is present, Why you are meeting, plus who said what to whom). 7) You have no protection against falsehoods levied at you unless this matter goes to your state’s Dept. of Labor or Dept of Human Rights. Then you can offer your rebuttal to the claims. — Please let us know what develops.Working together with hands, head, and heart takes and makes big WEGOS, and that is the larger concern of your workplace–What you do to encourage commitment and collaboration in delivering quality of products and services.
HR Manager, Guest Respondent