Can my employer lie in their position statement?

What do you do if your employer lied but is now trying to change their story? Here are some things to consider and how an employment attorney can help in these situations.
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This answer does not constitute legal advice and you should contact an attorney to confirm or research further any statements made in this answer. Any statements of fact or law I have made in this answer pertain solely to Federal law as construed within the EEOC or the laws of New York State and should not be relied upon in any way in any other jurisdiction.

[@christinagandolfo]

I just received their Position Statement today. I thought I'd be able to navigate this without counsel, but their statement is absolutely riddled with lies and inaccuracies. They attempt to defame me based on complete and total fabrication. I'm at such a loss.

[@JobAttorney]

I always recommend counsel, experienced employment counsel can help so much.

[@traemorris394]

​@@JobAttorneyIs there a statute of limitations to file a charge of retaliation against an employer, if you've filed a discrimination charge against the employer several years before?

[@Dani-mj2lh]

@@JobAttorneywho would you refer in Atlanta Georgia? It’s a travesty of justice how they lie?

[@nvanphoto5929]

Prose Just wrote rebuttal to PS that was full of lies. thanks for the tip about pulling the case. Back to court!

[@OkayKay777]

The lighting makes it look like a horror movie...hmmm...employment issues...horror movie...same thing i guess.....so, you're good! 😂😂

[@jsegura525]

Another great video with great content. Thanks Vincent.

[@Bluevelvet4]

Lol you are great the lights may not work but you can still see your beautiful smile:) good advice as always ❤️

[@Bluevelvet4]

@@TheWMBWLife awesome ty I just like learning new things about the law with these videos and Vincent is awesome person who I enjoy watching I look this other guy up ;)

[@Bluevelvet4]

@@TheWMBWLife yes I agree

[@Bluevelvet4]

@@TheWMBWLife very true u always make me feel better

[@enyin2001]

Thank you so very much for your help. I look forward to speaking with you tomorrow for my scheduled consultation.

[@coreyconstruction3695]

Love the video and information, keep ‘em coming!

[@binwoods23]

Why aren’t they punished for lying to the government

[@vandouglasjr1613]

Dam good question EEOC judge's lied to Congress about my case

[@vandouglasjr1613]

They will move for summary judgement before they allow their lie to be exposed before a jury

[@Yewneehk]

I’m all over this channel. Waiting for my previous employer, Amazon, to agree to mediation. Are you aware that you exclusively use rebuttal in the way it’s commonly misused?

[@Yewneehk]

@@slings sure. rebuttal is the noun. rebut is the verb.

[@Lions_D3N]

What if an ex employer Lied about 4 or more Topics within the position statement and there is Evidence proving they Lied about a lot of stuff especially having evidence proving everything they said is a lie. Would you agree their lawyer is gonna wanna settle really quickly? I was wondering if it was like perjury so appreciate this video!

[@e.saint.g]

this is more helpful than you know.

[@raynizzle143]

To begin, I enjoy watching your videos. Long story short. I have a long history working at Walmart. Back in 2022, I gave a notice to the store manager. In 2023, I got rehired as a temporary remodel associate. During that time, I had to take a leave of absence because of ptsd. My doctor completed the paperwork several days later. Following that, I uploaded all documents to Sedgwick. However, later I heard Walmart doesn’t approve leaves of absences for temporary associates. If this is true, then they shouldn’t have approved it, along with Sedgwick. When I returned to work on June 12th, the tension in the room was thick. During roll call, he never mentioned my name. He then asked, did I miss anyone? I said, yes. He then had a strange expression. That alone revealed something was amiss. Minutes later, he said, the store manager had ordered him to end my employment. The following morning, I called to speak to the store manager. When I asked if my termination had anything to do with taking a leave, she said no. She then said there were too many workers, so she had to let a lot of them go. That made no sense because I saw unfamiliar faces on the overnight crew. I then asked if I could get rehired. She said, no, you cannot work at my store. Work at another Walmart. I couldn’t believe what she said. So, I hired an attorney and uploaded all documents to EEOC. Currently, their position statement reads I would leave my work area. They lied about everything. Every night, the boss signed a mod sheet to confirm I completed the job. During my recent Zoom with my attorney, she said there aren't a lot of damages. And that my case isn't worth a million. Actually, I am not looking to collect a million. I just want compensation for last wages and hopefully front pay. We aren't writing a position statement. Instead, will go to mediation. Could you please provide some information about my situation? Thank you.

[@tiffygirl83]

My sisters position statement was extremely broad. It was only 1 page. They also lied on it. Why would they not submit specifics/proof as to why she was terminated? Is this normal?

[@khaniesue]

Great video! Charge filed in 2019 still being investigated. Not only did the employer make several false accusations in the position statement, all the evidence they submitted with the position statement has been removed due to "Condfidentiality". Nothing was confidential and now all 50+ pages are gone and only the position statement is still in the portal. Why did eeoc allow them to remove all the evidence when it wasn't confidential and it was evidence proving their violations?

[@JobAttorney]

That I don't know, I don't know enough about your situation.

[@khaniesue]

@@JobAttorney Understandable, I requested to remove witness statements in order to protect my coworkers. I was told nothing can be removed from the portal. The employer was allowed to remove everything except their position statement. They even removed copies of company policy and procedure. That isn't confidential? I worked with blood and urine??? Took the investigator 6 months to talk to two witnesses. One of my witnesses has died during this 3 year waiting period.

[@mindovermatter2day]

@@khaniesue I’m glad you are posting your experiences. It just proves that the EEOC is a big waste of time . They side with employers and the scum profit driven people we work with are protected and are never held accountable for their lies and work place abuse. Just flip the script if you are still employed, use them for your paycheck and when you are done bid them farewell. It’s all too much to go thru.

[@Newjack4378]

Great video.

[@andrarodriguez2620]

I am in Texas, Can I get my employer's position statement before I agree to mediate? Thank you. I am really learning a lot from your videos!! You are greatly appreciated!! Bless you!!

[@chargoodie5313]

Thank You so much for taking your time to share informative information with us. I am in Tx and I believe that I have such a STRONG EMPLOYMENT CASE. However I do not have the finances nor the resources to find an Attorney. Do you or by chance anyone in here happen to know of any Attorney that can help. I am on crunch status since I just received position statement and I have now less than 30 days to respond and of course the position statement was filled with lies. Any information would be Appreciated. Thank You

[@utahowned6227]

I duel filed against my recent employer with OSHA whistle Blower Act, and with the Labor Commission State for Defamation of Character, harassment, discrimination, racial discrimination, hostile work environment, and I have direct proof of employer lying to OSHA compliance officer, obstruction of emergency fire exits, blocking view of fire extinguisher, etc etc I just have a problem finding an attorney in the state of Utah due to Utah attorneys being am Employer State

[@corettacollier258]

Thanks for the video. It was really helpful. What happens if the employer lie in the ROI and on their affidavit? My employer and I both filed for summary judgment. I rebuttal their summary judgment pointing out their lies with witness statements, the company policies rules and regulations, text messages they sent me and also documents they mailed to me. The Agency replied to my motion but didn't dispute and of my claims. Retaliation, racial discrimination, disability discrimination and harassment. I had an Attorney but couldn't afford to pay him through summary judgment phase so he told the AJ he's withdrawing from my case.

[@JobAttorney]

If the employer can be conclusively proven to have lied in a sworn statement, the Judge or AJ or ALJ could impose repercussions.

[@corettacollier258]

@@JobAttorney thank you

[@elles2605]

What if employer is lying but you can't prove it because it's his word against yours?

[@JobAttorney]

Then you need to express your narrative as clearly and convincingly as possible and hope that the Judge, jury or arbitrator believes your story and not your employer's.

[@elles2605]

@@JobAttorney Appreciate it.

[@elles2605]

Can you force an employer to provide Word document creation dates to prove a timeline of events?

[@JobAttorney]

@@elles2605 In a litigation, you will often utilize forensic IT experts for things like this. But I guess you could ask for creation dates. I just worry they would be easily faked.

[@jsegura525]

Hi Vincent - I just completed a charge against my previous employer for retaliation and also for discrimination (age, disability, National origin, and I’m gay). Does having multiple charges increase the amount of settlement? Is each charge separate for settlement at this stage and if so be at trial?

[@JobAttorney]

Depends on what the charges are for unfortunately.

[@carolinabusboy]

I could really use your advice my job lied about a few thing I had it all recorded

[@richardhartley5557]

Great info, but in California, how in does one find an attorney with sufficient huevos to take on corrupt dishonest law enforcement? Discriminated against in hiring by several nearby agencies. California's Civil Rights Department and EEOC both pretty much sabotaged my cases without even reviewing the rebuttals. Basically, I'm ranked 1st after testing, have decades of experience and a clean background most recently at a nuclear weapons lab with security clearance. Panicked at the possibility of hiring someone who could actually do the job and outshine all their diversity hires, background investigators were then tasked with contorting the facts, lying, falsifying/fabricating red flags in my background that never happened to disqualify me. Calif's CRD did take punitive action against one department and the Police Chief was removed. But both the CRD and EEOC are afraid to take on elected Sheriff's even when their position statements contained more than 40 lies/misrepresentation/defamation etc etc. If I had $600,000 laying around I'm sure I could find an attorney to bankrupt both those S/O's but nobody will take it on contingency. I have a theory, but it isn't pretty. Now the statute of limitations may have run out, but because I did file complaints I'm now blacklisted and may never be able to get hired in public safety ever again. I guess I'm the new Rosa Parks.

[@d.c.bubbles]

I just had my lawyer mail the first letter that I am suing for harassment. I walked off the job then made the call. What can I expect to happen next. What if he wants to seek physical damage to my cat while I’m sleeping or stalk me now

[@dominiquewoods316]

What do you do if you have evidence of the employer lies and tried to have your legal representative acknowledge it. But then he chooses not to represent you. Do to the amount we could have won. Wouldn't cover his services. Although it was originally supposed to be no payment untill we have won.

[@marshalllipp1810]

Can an employer add to their position statement days or months after they’re initial position statement?

[@JobAttorney]

Some agencies and investigators will allow them to amend their position statement, but you should be afforded an opportunity to respond via an additional rebuttal.

[@how-to-you7835]

Does the same ALJ handle every case involving the same parties like in family court? If they do, do they review all of your cases and complaints or are they limited to single case files? If they are not limited to a single case file of the parties, in your experience do they review/take into consideration past and current files/complaints brought forth from or against either party? I.e. complaints involving the same employer, but different employees bringing similar allegations (where there is smoke there is fire theory) Or is everything separate for each and every case with no access to any other complaints current or past?

[@how-to-you7835]

And yes I realize other complaints are not admissible, I am just asking about accessible

[@dwayneharper4768]

My ex employer just lied on theirs, said I never made any complaints but i have txt message proof that I did to my manager, why they would lie about this is beyond me, the manager knows she has text messages but probably doesn’t want to land themselves in hot water.. I have a question, is reporting sexual harassment to your manager putting the company on notice? Thank you

[@diydcappa]

Any/all reports are

[@robertowens5065]

Yes my former employer lied on the permission statement and my investor has yet seen it Evan though I brought evidence forward in my EEOC matter what should I do if I am 86 days in to the investigation this is due to a retaliation case I have that is ongoing

[@BO-2016]

So if the employer lied and won arbitration against the employee, can the employee use that against the employer at the federal or state level? Thanks

[@JobAttorney]

Not sure I understand, in this hypothetical we can prove the employer lied under oath during the arbitration?

[@BO-2016]

@@JobAttorney can you point out or prove at the next level that the employer lied in order to help get the decision against the employee? Can you point it out at the next level or is that lie buried with the arbitrator decision? Hypothetically

[@JobAttorney]

@@BO-2016 You'll need to check with local counsel, but generally if you attended a binding arbitration then you may be bound by the arbitration if they decided against you. You may have options to appeal the arbitrator's decision however.

[@testvideo6657]

Hi Vince, appreciate your videos. Please don't use my name if you read my comment. I'm wondering if you can offer some hope and encouragement to people going through employment discrimination. In my case, I'm a guy, and another guy at my job sexually harassed me for a while. He was vicious. It was a living hell. The eventual HR investigation was a travesty of one, atrocious, and covered it all up. It was an indignity to cooperate with this lie of an investigation. I don't even want to get more specific than that. What hope is there for people who go through this? That they won't be straight jacketed into silence, as I was?

[@nono-ku2mm]

Do you take cases in Texas?

[@JobAttorney]

We handle workplace discrimination and workplace sexual harassment in Texas in the Federal Equal Employment Opportunities Commission.

[@WilfredStartups]

Does your camera have an aperture feature? Your aperture might be to small and needs to be opened more.

[@JobAttorney]

Yes, you are absolutely correct. Happily I don't have to film in that spot anymore.

[@GeraldParker-f2r]

What if you were falsely accused of harassment and can prove you didn't do it what happens then

[@Gmack_Brick_City]

How long after rebuttal of position statement does the EEOC take to make a decision

[@JobAttorney]

Quickest I have ever seen was 2 weeks, longest was 4 and a half years. Generally the case will wrap up within 9 months though.

[@Gmack_Brick_City]

@@JobAttorney thanks so much … I sent rebuttal to position statement on the 17th I hope it only takes two weeks for ruling lol. I’m not sure the Eeoc process on decisions… whether it’s just the investigator’s decision or if it’s a group of people … thanks for your content

[@andygonzalez5778]

I file with my own hand writting a rebuttal letter....simple,with all evidence pics,screen shots,dates and a list of all employees younger and non hispanic the came after me and got the position...plus a copy of the schedule to proff it.....tha was on jun 2023....silence after that...wha shohld i do next?

[@Quantum_Vortex-c9d]

Call an employment lawyer

[@nvanphoto5929]

Get a video ring light! you'll look great!

[@timb2369]

What if one is bound by arbitration?

[@JobAttorney]

That's a complex question, the lay of the land as related to mandatory arbitration has changed recently as per a new Federal law. I made a video about that on this channel that I hope may be helpful.

[@brandonscotthamilton]

I just don't understand how it can be illegal to terminate an at-will employee for showing symptoms of PTSD from combat, and no lawyer wants my case. Apparently, companies can be aware that you are a combat veteran with PTSD, and employers can just terminate you because you are a risk. The employer can say, "meh he committed misconduct I'm going to end his assignment and look for someone else" or whatever they want to say and ruin your career and reputation. Apparently disabled veterans don't have any rights at all and lawyers to my surprise don't know anything about PTSD veterans and their rights in the workplace. Someone at the EEOC who isn't even a lawyer and cannot answer my questions is handling my case. If I were gay and wanted to use the woman's bathroom and identify as a woman - then I have rights. But you serve your country honorably and want to make America great again and you're a racist disgusting human being that gets no representation and you're a domestic terrorist for the words, "don't tread on me". I guess I'm gonna Erin Brokovich this sh$t myself.

[@jackeejohnson3693]

Update : Everything is going sour . My attorneys are now folding and want me to settle for meer pennies because the harrasser was terminated even though I was terminated just after I made the report. My attorney is saying it shouldn't go any further due to fact I had a no call no show the prior month that they can use against me .

[@JobAttorney]

I am sorry, if it helps I am hoping for good things for you. It's not over yet.

[@wolfiemcqueen647]

Don’t let a lazy attorney minimize your case. I have seen this before they want to get rid of you for some money so they can take on two or three more clients and piss on you. Don’t do it. Just because somebody was fired just afterward doesn’t make the employer on accountable. Do you have a bad attorney? Trust your gut you wouldn’t be writing here if you weren’t knowing that this is bull hang in there and make demands. A simple no about what they’re suggesting they’ll tell you anything in order to do what’s best for them and only them! Don’t give in. you’ll regret it.

[@Indi_On_A_Jones]

Vincie, love your channel and I love you. Thanks for what You're doing here. You've helped me so much. And, it doesn't hurt that you're cute too. So, when I say this please know I say this with love. K? K. We can see those on your neck. Hope it was good. 😂

[@d.c.bubbles]

Could you represent me

[@marshalllipp1810]

You probably have auto exposure(or something of the like) on your camera. Turn it off

[@JobAttorney]

I will look into this, thank you.

[@d.c.bubbles]

I wish I would have googled you first. Ugh.

[@BlTCHBREATHE]

After filing a charge with the EEOC and reporting my boss to the superintendent, I was fired for calling out of work 38 weeks pregnant with a dr note. Here is my issue! I was a contracted employee treated as a w2 employee. I informed the EEOC of this in my interview but they said no could still proceed with the complaint

[@JobAttorney]

They said you could or could not proceed?

[@BlTCHBREATHE]

@@JobAttorney they proceeded to file my charge but now I’m my employers position statement they are arguing I have no grounds to file a change because I was not a real employee. Also stated that I was terminated for missing a “mandatory” meeting.