What Can I Do to Challenge a False Investigation Report on Bullying in the Workplace?

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If you are falsely accused of bullying by a co-worker at your place of employment, it's important that you respond to avoid punishment, which can include the loss of your job. In some cases, the employer may investigate the accusations and issue a report. If the findings of the report are incorrect, you have a number of legal options that you can use to challenge the report.

Employment Lawyer

  • First, if you can afford it, consult a skilled employment lawyer. This is particularly important if your employer has already opened an investigation into your conduct and you are concerned that the investigation will incorrectly find you to be at fault. An employment lawyer can provide you with your legal options and help you plot a strategy to defend yourself. In some cases, you will be able to file a countersuit.

Discussion With Your Supervisor

  • With the aid of an employment lawyer if possible, discuss the accusations with your supervisor or manager and present your side of the story. Given that any statement that you make to your superior may be legally admissible in a court case, were the accuser to bring a lawsuit, be very careful about what you say. Stick to the facts of the case and present them without emotion.

Union Rep

  • If you work in a unionized workplace, consult your union representative about your options during the investigation. How the union will respond will depend on a number of factors, including the nature of the investigation and the union's defined duties. However, in some cases, the union may be able to provide legal representation or some form of mediation to help resolve the dispute in a way that is fair to both you and your accuser.

Contact Witnesses

  • As a means of bolstering you case, contact witnesses who can verify your account of events. The witnesses, for example, could testify at not having witnessed any bullying or else having interpreted the your actions differently. In addition, collect documents, such as emails or voice mails, that provide evidence of the nature of your relationship with your accuser, particular if she gives evidence that counters the accusations of bullying.

References

  • "Employment Law Handbook"; Henry Scrope and Daniel Barnett; 2008
  • Photo Credit Digital Vision./Photodisc/Getty Images
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