In the article below, a Bronx employment attorney outlines the procedures that the employer-defendant in a discrimination or harassment case may use in an interview situation with you, the plaintiff.
The Employer’s Position and Yours
Once you have left a company, especially if the manner in which you left has inspired bitter feelings in you, you will naturally be disinclined to speak with that employer again in an interview situation. If you are still in the company’s employ, however, the situation changes somewhat and the employer will probably attempt to set up an interview with you.
The Written Record
The defendant-employer may ask you for a written account of all the incidents upon which your charges of discrimination, harassment or retaliation are based. They will provide you with writing materials, place you in a quiet room and leave you alone. You will not have access to a telephone. You will be told to compile a written record fully describing every instance of retaliatory, discriminatory or harassing behavior that you have encountered and upon which you intend to file charges. Once this record is completed, a final statement will be required in which you will assert that you have been given all the time you need and that the record you have compiled is complete. At the bottom of each page, you will put your initials. On the last page, you will put your signature and the date.
The Face-to-Face Interview
This is an in-person conference. You and counsel for the defense will meet with the employer’s director or manager of human resources. The human resources manager will attend so that he or she can provide testimony concerning what transpired at the meeting. Defense counsel’s presence ensures that the questioning will be germane to the case and that no one is subjected to improper or offensive language or tactics.
The meeting will be recorded and a transcript will be sent to you of your remarks. You will be expected to sign and date it. Your signature attests to the correctness of the document in that it provides an accurate and detailed account of all occurrences of harassment, discrimination and retaliation that you described in the meeting. By placing your signature on the page, you are telling the employer that you agree with the statement, and neither you nor your Bronx employment law firm can make any amendments to it.
Let Your Bronx Employment Law Firm Represent You
We are here to help you safeguard your rights. Engage the services of your Bronx employment attorney by calling the Law Office of Delmas Costin, Jr. at 718-618-0589 today.