I Received A Pre-dismissal Letter With Factual Inaccuracies And Am Wondering About The Next Steps.

Location: Salem, Oregon, USA

I’m a public employee in Oregon. I’m currently under investigation for an alleged disclosure policy violation and received a pre-dismissal letter this week. My pre-dismissal meeting is scheduled for next week and their intent is to terminate my employment.

I realize now that I violated the policy, although at the time I did not believe my actions violated it because I misunderstood who qualified as an authorized representative who could receive the information I disclosed. The information itself is public record, which also contributed to my belief that disclosing it in those circumstances was permissible. Once I understood the policy, I acknowledged my mistake, apologized, and stated that it would not happen again.

The pre-dismissal letter contains what I believe are factual inaccuracies and omissions. For example, it attributes messages to me on dates when I was not even working, and the recipient has confirmed there are no such messages. I’ve been on paid administrative leave with no access to my work computer during the investigation, which has made it difficult to verify many of the claims in the letter. Additionally, the letter attributes statements to me that are inconsistent with the interview transcripts in my possession, and it omits portions of my responses that I believe are important for context.

I prepared a written rebuttal to address these inaccuracies and my union steward recommended that I email it to HR before the meeting, which I did. Now I’m over-thinking that decision.

I’m also trying to retain an Oregon employment attorney, but the four firms I’ve contacted have all declined due to capacity, so I’m continuing to look.

My questions are:

1. Was it a mistake to send my rebuttal before the pre-dismissal meeting?
2. Should I tell HR during the meeting that I’m actively seeking legal counsel, even if I haven’t retained an attorney yet?
3. Is there anything else I should do to preserve my rights while I continue looking for an attorney?

Edit to add one of my favorite parts of the case just to give an idea about how weird this investigation is: My agency deals with every business and citizen of the state. I said in a message that I didn’t like bread from a local bread company and then referenced something in a news article. They said me mentioning the business name is a disclosure violation.