Unpaid suspension and investigation Georgia

Hi, I am waiting to hear back from HR in an investigation they are doing involving accusations that I wrote a somewhat threatening letter and placed in a co-workers locker. I denied this and have been told they were sending the letter along with my handwriting sample for analysis, I also offered to do a polygraph. They have been questioning others about this letter and asking about me. The girl who has claimed that I did this, is a known liar. I am wondering if this situation is legal and if I could get fired for this. (If analysis is actually done, it would prove to NOT be me)
TIA

The Employee Polygraph Protection Act of 1988 (EPPA) generally prevents employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exemptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test or for exercising other rights under the Act. In addition, employers are required to display the EPPA poster in the workplace for their employees. Contact user outlaw lawyer he is an employment attorney in Georgia. Macon, GA Phone: Macon (478) 741-0024 Atlanta (678) 528-8426 Fax (678) 528-8285 Toll Free (Outside Atlanta) 1-877-257-1580

JoeC

I'm not worried about the polygraph, as I offered to take it to prove my innocence. They said they were doing the handwriting analysis...which I think might have been a way to get me to confess. Their last interrogation within the company was last Wednesday and I have yet to hear back on their decision. I know that I am innocent and that if the analysis is actually done, it will prove it. Is there any other reason they could fire me based solely on her accusations? BTW, I am preparing for maternity leave in December, and they know it.

Unfortunately Georgia like many supposed "right to work states" in the south have very little employment protection laws other than what is defined in the federal statute. Georgia codified the at-will employment doctrine initially established by the Georgia Supreme Court GA. CODE ANN. 34-7-1.

Tough state to work, "right to work" is little more than a right to fire. It was designed to bust Unions.
JoeC

Thanks...That's what I was afraid of. I was just hoping that, since I'm pregnant, I could threaten an EEOC case of sorts. I'm betting it might be hard to prove that. I appreciate your time.

The EEOC is a joke. If you have a P.D.A (Pregnancy Discrimination Act) case, an attorney can let you know depending on all the facts, you don't have to satisfy the EEOC administrative prerequisite to launch suite, only a court process will get the employer's attention. All administrative remedies are limited and the agencies have little interest in pursuing a claim apart from minimal investigation.

You should contact an attorney with this.
JoeC

Here is a slightly different way of going about this. I would contact HR, and tell them that you are VERY ANXIOUS to prove your innocence as these false accusations are causing some very unnecessary stress on your pregnancy. The last thing that HR wants is the burden of a POSSIBLE miscarriage (not wishing anything upon you).

Also, there is NOTHING stopping you from hiring your own independant polygrapher and laying the results on them.

Would a doctor's note about undue stress be helpful, you think?

No. Not unless they ask for it.

Well I sent an email today with the wording that was reccomended. It did the charm! After a week and a half of not hearing a word, I was called in today and after another 2 hour meeting was told that this would be my final written warning (although I have nothing else in my file) My warning is because of harsh things said about this girl's lies/uncredibilty NOT that I have anything to do with the supposed letter. I am not sure if I will get back paid....I will ask on Tuesday when I go in to sign my "warning". Thanks for the help!

so whatever happened with the back pay issue. and are they giving you any more nonsense