My question involves labor and employment law for the state of: California
I'm not actually sure where this post belongs because it was my upstairs neighbor who filed a racial harassment complaint against me through our mutual workplace. (Our workplace also owns the building we live in.) I have contacted building management on multiple occasions over the last 4 years citing the unusual and loud noises coming from the apartment above me (usually between the hours of 10p-2a). They, in turn, told me that I had to call the police who would provide management with the reports, which would then prompt management to write a letter to the offending resident. While I don't feel noise complaints should be the police's responsibility, the building management said they would not take action otherwise. (I did try talking to the neighbor first before calling management. I'm a short girl with a soft voice but I didn't manage one calm sentence before he became offended and aggressive. I immediately walked away.)
Today, an investigator emailed me to set up a time for a 2 hour interview. Aside from the general language in the email, the following was included:
As you may recall, I’m investigating the following allegations:
[Tom] alleges that you have been making regular noise complaints against him since he moved into the apartment including a complaint on June 1, 2020 that resulted in police officers arriving at his residence in response to the noise complaint.
In addition to the 6/1/20 incident, [Tom] said in his interview that you contacted police on four other occasions to report a noise complaint including Christmas Eve 2018. He also said you have repeatedly banged on the pipes.
It should be noted that [your employer] has not drawn any conclusions about these allegations and is seeking to determine whether the alleged conduct is more likely than not to have occurred, and if so, whether it violates the Interim Executive Order 1096.
Based on her message, I already feel guilty. This is so incredibly stressful! Yes, I have made noise complaints! If that is the alleged conduct, I am guilty. I'm so confused. How is that wrong? What exactly am I being accused of? How should I react? Have I already been found guilty? I thought I was being accused of racial harassment, but am I now being accused of complaining about a loud neighbor? How do they determine if I'm guilty? I feel like no matter what I say, it will be twisted around, making me guilty of racial harassment just because I've complained that he's a loud neighbor (and race couldn't be the furthest from the truth although a very small part of me does feel that if he were female, our first conversation would have resolved the entire issue. Is it wrong to think that?).
Edit: I should also note that I'm in the process (since before his complaint) of filing a civil harassment order. Not only has he been making unusual and loud noises often during the hours of 10-2a, he has also flooded my apartment in an attempt to intimidate and most recently, attempted to assault me physically. I feel like his complaint is another attempt to intimidate and harass.