The Nutty-Ass (Ex) Coworker Strikes Again . . . .

The BBQ Pit
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Never mind, I found it. Great thread - really cute.

Ahh, the Wisdom of Toddlers (or: Auntie EM’s Big Vagina)

He said, resisting the urge to start a new round of nicknaming.

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The Missing Coworker III

Sometimes they come back.

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FYI, if this is going anything like my lawsuit, here is the Order Of Events:

  1. Crazy Formerly Missing CoWorker goes into the state branch of the EEOC (may also function as the State Department Of Human Resources) and files a complaint.
  2. EEOC assigns an investigator. The investigator sits down with CFMCW and gets all the details of her complaint, including the names of any witnesses.
  3. The investigator goes out and… investigates. Sometimes they’re really dilligent and will contact every witness the complaintant named. Sometimes they won’t. You likely got a call from the investigator, who has no legal powers and therefore can’t subpoena you or force you to talk to him. You could easily say “Mmmm… I don’t want to be involved, thanks” and hang up, and there’s nothing he can do about it.
  4. The investigator makes a determination based on the evidence of whether or not discrimination occured. Either it did, in which case CFMCW gets a “right to sue” letter and the benefit of having the EEOC volunteer to assist her with mediation (if opposing party refuses, then she still has a letter and a decision in her favor), or it didn’t, in which case CFMCW gets a “right to sue” letter and sent on her merry way.
  5. CFMCW must make a decision as to whether or not she pursues her case. A lot of employment lawyers are leery of taking on cases where the EEOC did not find discrimination, but it happens- usually only if there’s a boatload of supporting documentation that the EEOC overlooked for some reason.
  6. If CFMCW decides to pursue her case, and if she finds a lawyer, you could be called in by either side to make a statement (these will be “cleaned up” and sent to you as an affidavit to sign). At the beginning of the process, all the way up through discovery and into the court proceedings, you can refuse to answer any questions or be involved in any way. The only thing they can do is subpoena you, but what likely happen is both sides will figure you won’t be a very good witness (no one wants to call a hostile witness) and leave you alone. One of the witnesses in my case is refusing to sign the affidavit opposing counsel has presented her with… that’s well within her rights, and they can’t do anything to make her sign it.

I would be surprised if you hear from the investigator again… usually they don’t try very hard to get a hold of people outside of the area, and if reports of her disappearance were news to him that means that he now knows she lied in her initial complaint. But if you do hear from him, then absolutely keep your answers short… a simple yes or no is always the best response.

Good luck!