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| *Ostroff, Fair and Company>>>Government & Non-Profit |
Right to civil suit against Human Resources Manager? |
Legal professional input? A human resources manager conducted on site oral swab drug test, stated MRO reported as a failure. The company, union, nor MRO would release the results to me. HR manager had to turn over so called result in order to stop my unemployment benefits-which I am still receiving, as result CCF incomplete, results missing MRO name or signature anywhere on result. I have received information I believe to be proof the HR manager deemed positive herself (most likely typed "result" herself.) No MRO participation in test or result. Do I have any right to sue this woman personally in civil court? Is there any criminal charge to be made here? She also committed perjury during Appeals Tribunal hearing (which a lawyer already informed state would most likely not pursue, due to my benefits not being denied as a result of her lying. She also responded to my request for a service letter, stating I violated the company policy which I did not. Input-please? You have a right to see your personal file in HR. If your union will not grieve this for you, go to the labor board and inquire to your legal rights for due process. If they tell you that you need an attorney to take this any further, try to find one that will take it on a contingency base. Make sure you have ALL of your 'ducks' in a row.......paper work required to insure the attorney has all the information. You do not want to have an attorney with missing vital documentation....he will be working for you. You can sue anybody you want to for any reason you want to. Bring a good case, though, so it doesn't backfire in your face. Sounds like the HR manager had it in for you for some reason. Why do you suppose that was? Your use of acronyms makes this question difficult to understand, But from what I have read I cannot see that you have met the standards to file a civil suit in terms of damages and I certainly cannot see any criminal issues. You do however, sound very angry. Perhaps you are looking for revenge of a different source? You might, but some of your 'facts' may need to be substantiated (unless they already are). You might be better off suing the company instead of the individual (who represented the company). Seek an Attorney who has no interest in the company (for advice). As the HR Manager, she is acting as an agent for the company. Your suit would be against the company first. If it is found that she was acting outside of her authority and the company was deemed harmless, then you would have grounds to sue her personally. Otherwise, she is the company, just as you were when you worked there. |
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