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  1. #1
    Join Date
    Mar 2007
    Posts
    5

    Default Accused of false statement by boss but no evidence produced

    Hello,

    I am an employee at a large NYC public agency, where I have been so for 14 years.

    On Monday, I was called into my Department Director's office. I was put at a table with two other supervisors. I was given a memo from him accusing me that I have made a false written statement concerning a grudge about another employee from another department, and using agency letterhead for a private matter.

    The person identified in the letter that I am accused of making a statement about is someone who I had an email exchange with a couple of weeks ago where we had a dispute about a civil service matter. However, the email was not the subject of the memo I was given.

    I asked the Director to give me a copy of the defamatory statement I had made. He said He cannot give it to me.

    I asked the Director if he has a copy of it for himself. He said No, he does not have a copy.

    I asked the Director if he has ever seen this alleged written statement I allegedly made. He said NO, he has never seen it.

    So I said "How can you accuse me of anything if you cannot produce any evidence?" His answer is he thinks there may be a statement that was made that can link you to it." I said "How?" He said he can't specify.

    At this point I said I have to have union representation. The Director said I cannot have representation in the meeting because the meeting is not disciplinary. I disagree of course.

    I was asked to sign the memo. There was a line on the bottom for me to sign on with a line saying I have received the memo. I signed it because I know that not signing it can be construed as insubordination or at least an act of defiance. On the memo above my signature, I wrote that I have not received a copy of the aforementioned statement I allegedly made.

    I was also told that if I did not sign it within 48 hours, there will be a disciplinary hearing.

    So, is there any wrongdoing here on the part of the Director? Am I supposed to get a copy of what I am being accused of? Can I be accused of an be written up without any evidence?

    If you think there's more to the whole workplace situation, there is. A couple of years ago I won a significant employment case against the agency for working at a much higher title level than what I have been employed at. It went on for several years until arbitration found in my favor. I recently have been requesting the agency to consider me from a civil service list I passed a test for which has a significantly higher compensation level, but they are not open to that apparently, mostly because of the out-of-title case history.

    The union has indicated that management may have opened themselves to liability. They need to investigate further.

    thanks for any replies.

  2. #2
    panther10758 Guest

    Default Re: Accused of false statement by boss but no evidence produced

    You already have the union working on this way do you need us. I see no damages so I see no case!

  3. #3
    Join Date
    Mar 2007
    Posts
    5

    Default Re: Accused of false statement by boss but no evidence produced

    Ok, I understand that there is no economic damages on either side.

    However another question I have is: If the person who is the subject of whatever alleged defamatory statement was made believes that such statement is so injurious to their reputation, can they pursue a case, even though there is no real damages???

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Accused of false statement by boss but no evidence produced

    Yes, but... if there are no real damages they can expect to spend thousands on their lawyers, and to recover little to nothing at the end of their case.

  5. #5
    Join Date
    Mar 2007
    Posts
    5

    Default Re: Accused of false statement by boss but no evidence produced

    Should I make a disclaimer stating that I did not know anything about this letter, since it is claimed I can be linked to it?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    71,742

    Default Re: Accused of false statement by boss but no evidence produced

    Make a disclaimer where? For the benefit of whom?

  7. #7
    Join Date
    Mar 2007
    Posts
    5

    Default Re: Accused of false statement by boss but no evidence produced

    Well, for my benefit. The letter was anonymous, but management blamed me. I thought a disclaimer that I knew about it would help. Thank you.

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