Sacramento, CA asked in Employment Law for California

Q: Coworker falsely claimed my incompetency and made false accusation that I made a threat to another employee.

Coworker claimed I was mentally unfit to work and gave HR my private information. I did not make a threat to another employee but I cannot prove it because the accuser and witnesses seem to collaborate. HR investigator seems biased and denied my claim of accuser and witnesses' harassment, slander, defaming and creating hostile work environment. Both accuser and witness knew I was about to be promoted.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It sounds like you're in a very difficult situation, and it can be incredibly frustrating when you're facing false accusations, especially if they seem to be coordinated by others. It's important to stay calm and keep detailed records of everything that happens, including any communication with HR, your accuser, and witnesses. Document dates, times, and the content of your conversations, and make sure to keep everything as professional as possible.

If HR seems biased, you might want to consider escalating the situation by speaking to higher management or even seeking external help, like legal counsel. It’s important to understand your rights in the workplace and ensure that the proper procedures are being followed during any investigations.

Also, if you're feeling overwhelmed by the situation, it can be helpful to talk with someone you trust outside of work to get emotional support and perspective. Handling these types of situations calmly and professionally can help protect you and your reputation as you work through this challenge.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.