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    Unhappy False Allegation Carrying Criminal Liability Cited as Reason for Termination

    My question involves labor and employment law for the state of: georgia

    OVERVIEW: my friend was recently fired 2 hours after filing a formal grievance with HR. this grievance was filed subsequent to a 3-week paid investigative suspension initiated 2 hours after going to HR to verbally complain about suspect supervisor and manager behavior.



    HISTORY: friend was aware of an ongoing dispute with another department over a specific event he had been involved with more than a week prior to this suspension. the dispute arose over confusion regarding changes in communication procedures. supervisor failed to notify staff of these changes. mistakes made by that other department on the night in question were blamed on friend's response not being in accordance with these new procedures. manager asked friend about the miscommunication and seemed satisfied with friend's explanation. nothing more was said about the dispute and friend thought the matter was closed until supervisor started asking for information from that night. when friend witnessed supervisor slip the computer disks from that night between some papers under her arm and leave the office, he decided he needed to go to HR to "cover his ass."

    shortly after returning from the meeting he'd scheduled with HR to express his concern over recent questionable actions by supervisor, friend was called into manager's office by supervisor. HR had just told friend there was "not much we can do about" the situation so, needless to say, friend was surprised and confused when manager informed friend he was "being sent home,with pay, by HR" on investigational suspension. manager then told friend he would be called in to HR "hopefully within 3 days" for a meeting in which he would be given the opportunity to present documentation and witnesses in his defense. manager would not explain what the investigation was about. friend assumed investigation was in regards to his complaint.

    during the first few days of his suspension, friend sent several emails to HR with his account of the disputed events, sources of supporting documentation/information and names of personnel not directly involved in dispute (witnesses) for coaborating testimonies. he never heard back from or spoke to HR again before (or after) being fired (his calls not returned, emails not replied to). the documentation was never checked and his witnesses were never questioned (some of which also emailed their account of events to HR).

    in the third week of the investigative suspension, friend was called in by supervisor for morning meeting with manager. after having friend wait outside his door for two and a half hours, manager called friend into his office and stated friend was being sent home for 3 days without pay. manager said he didn't "have the time" to tell friend why. manager said that friend could wait there or come back later in the afternoon to be informed of the reasons behind this disciplinary suspension. that's when and why friend filed formal grievance. 2 hours later, manager left voicemail message stating friend's "services are no longer required." 8 days later, friend received certified letter citing "falsification of documentation within [named computer system]" on a specific date as the reason for termination.



    CONFLICT: in friend's profession, that kind of action is criminally liable/ negligent. on that specific date, this particular computer system was down throughout the entire company (tech support worked on the problem for several hours) the entirety of the shift, so it was not physically possible for friend to enter any information whatsoever. this problem made friend's work much more time-consuming and difficult. supervisor arrived late for her shift start to relieve friend and, using friend's noted estimates (specifically stated as "around" and "about"), tabulated and entered all the information into the computer system once it came back online long after friend had left building and vicinity to start his scheduled vacation.

    supervisor called friend a few times during the first couple days of his vacation to "sort out" the information/data, however friend did not take or return supervisor's calls. friend was upset because supervisor had asked friend last minute to pick up the shift for her (thus "pulling a double"), assuring friend she would arrive early (based on airline departure time of friend's ticketed flight) for shift turnover, but then showed up ten minutes after the time friend told her he had to leave by. friend's notes where provided as a guideline so that supervisor had a reference point with which to search in the supporting documentation for the specific information. this information could be located and was readily available, it only required extra time and effort to find. friend reasoned that if supervisor couldn't show up at the time she had promised to make his day easier, then he shouldn't take time out of his vacation to make her day easier. when friend arrived back to work from vacation a week later, supervisor asked twice for detailed accounts of that night's events because his initial notes were "not true" and "didn't match up."


    {keep in mind friend originally gave supervisor estimates on groups of similar things, not exact facts for each individual item}



    ISSUE: friend's "complaint" was turned over by HR, per company stated policy, to his departmental management for investigation. the investigation was conducted by supervisor and overseen by manager. HR's only involvement was approval of their decision to terminate based on the findings and assessment of their investigation.



    PROBLEM: 1> friend's filing/claim for unemployment compensation/benefits denied due to being fired with cause. 2> friend has been told by more than one prospective employer that "Per HR, you did not pass the initial HR assessment thus we will not be bringing you in for an interview" following verification of employment at company he was fired from.



    QUESTION: 1> how does friend get this allegation removed from his employment record? 2> can friend recover monetary damage incurred from having to pack up and move to parent's house several states away because he can't get unemployment or another job resultant of these allegations? 3> is it ethical (and does that even matter) for the people named in the complaint to be the people who investigate the complaint? 4> friend has written to company CEO requesting situation be reviewed and resolved, but until then, what does friend tell prospective employers about his situation/termination in the mean time?

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