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Workforce Management Community Center Forum Index � � Legal Forum � � Employee Behavior; Termination; and Threat of EEO Complaint

Author	Employee Behavior; Termination; and Threat of EEO Complaint
chelelichy Joined: May 16, 2006 Posts: 1	Posted: 2006-05-16 04:27 We have a small office with 3 full-time employees. Recently our Exec. Dir. left. The 2 remaining employees both applied for the job. One employee is a mid-30's Native American female with a B.A. that has been with the company since it's start 5 years ago. The other is a mid-40s African-American male with an M.B.A. who has hired 2.5 years ago. Based on performance and experience, we chose the NA female for the position. Her first week on the job as supervisor of the other employee has resulted in his suspension. She approached him to ask for a listing of his job activities as some of our Board did not excatly know what he did. In her previous capacity, she did not interact much with his work. Now as Exec. Director, it is her responsibility to assess his duties, etc. (based on our direction) to determine whether he can take on additional duties or if the position is warranted as full-time. They had some heated conversations for 2 days where he spoke of his "livelihood" being threatened, etc. She explained that as the new Director, it was her job to assess and provide Board members with information as requested, etc. She also explained to him the reason why she was requesting (asked by Board) so that he did not think she was on some "power trip" as new Director. She also stated several times that the documention/information was for her use only so she could be prepared for discussions/questions as they arose from Board members, but if they asked for the hard copy, she would have to share, but she felt if she spoke knowledgeably, it would be unnecessary to share. This employee was very loud/yelling during those conversations. He did not simply say he would comply and leave it alone. On the 3rd day, he turned in a listing of his job activities. She reviwed it briefly and set it aside for a more detailed review later. On the 4th day, she arrived at work to find out that 1) he sent out an e-mail with the document attached to the entire Board, and 2) stated that he did that at her direction. His e-mail also stated to the Board that "he was insulted at the appearance of having to justify his existance as a staff member." She approached him that day telling him that it was unappropriate to send out the e-mail and that it was her duty to share the information if she felt it was necessary, not his and that she did not tell him to do that. He began yelling loudly at her and then got out of his chair, move toward her in an aggressive manner, shouted profanity at her while waiving his arms around wildly. He went right up to her and continued yelling. She told him to go home for the rest of the day and went into her office. He did not leave. He then barged into her office while she was on the phone with a Board member and continued to yell at her. She asked him 4x to leave and he did not until he was ready. Based on this behavior, we decided to suspend him for the 3 days and to offer him a "last chance" agreement stipulating what behavior is and is not acceptable. When he was informed of the suspension, he proceeded to notify us that he was filing an EEO complaint agains the Exec. Director for telling him to "shut up" and "just do as I say" and that she was treating him, an African-American male, as her "slave." This whole event happened on a Thursday; they attended a meeting together on Friday and he did not get suspeneded until Monday afternoon. The Ex. Director is adamant she did not say those things and he did not inform the Board member who he spoke with immediately following the confrontation that she ever said those things. We strongly believe that this is all fabricated. He has never displayed any remorse or felt that what he did was wrong or insubordinate. He has also stated that he has contacted an attorney. One of our Board members is concerned that we do not have any performance reviews on him (the last Ex. Director who hired him never did a performance review) and that we need to have something to justify his termination. The last Ex. Director has stated several times in personal conversations that this employee was not his best hire. I believe that his behavior warrants his termination and is totally unacceptable. This working relationship has been damaged beyond repair. We are in at "at will" state and so I've suggested that we terminate him based on behavior and that performance doesn't enter the picture at all. We suspect that he fabricated and is threatening the EEO complaint/attorney because he wants some kind of pay-off. The question is are we fully within our rights to terminate him and could he have some legal grounds for a case to sue us?
cynbrandt Joined: Nov 11, 2003 Posts: 1784	Posted: 2006-05-16 06:23 By refusing to leave when directed, the employee was insubordinate. That in and of itself can be grounds for immediate termination. Never let an employee's threats put you off doing what is right. Consider that retaining this employee could be more of a liability than any costs dealing with a discrimination/harassment claim (legitimate or not). I'd have concerns about his behavior becoming physically violent.
jake48 Joined: May 02, 2002 Posts: 112	Posted: 2006-05-16 12:05 He was insubordinate when he refused to comply with the work instructions. He was also insubordinate when yelled and cursed at the Executive Director. Document both issues and fire him. You may have to go through the process of answering an EECO charge but frankly it's a whole lot better than keeping this insubordinate, potentially unstable employee in your work area.
jake48 Joined: May 02, 2002 Posts: 112	Posted: 2006-05-16 12:07 Fingers not working well today....meant EEO not EECO
nork3 Joined: Feb 12, 2002 Posts: 3876	Posted: 2006-05-16 13:10 Both responses are correct. You should not allow the threat of an EEOC complaint deter you from terminating this invidual. If what you have written is an accurate recounting of the incidents, termination is justified. Get written statements from anyone who observed or overheard this individual's behavior during the incidents you describe. Complete and as thorough as possible. Don't worry about a lack of past performance reviews - although they might be useful, not having them doesn't alter the facts of the recent incidents. And you have legal counsel on retainer, get them involved.
davearnold Joined: Jan 26, 2006 Posts: 373	Posted: 2006-05-17 06:28 Hi: I was unsure if small office meant small organization. Just a note, if an organization has less than 15 employees, the Civil Rights Act of 1964 does not provide coverage. Dave Arnold, Ph.D., J.D.
Jacqueline_H Joined: Sep 28, 2005 Posts: 6	Posted: 2006-05-18 17:18 I too am in an "At-Will" state. The employee can be fired for any reason - or no reason at all. However, if he refused a very simple benign request by the new executive director, that is reason enough. They yelling thing and getting hot-headed wouldn't really scare me so much. Also, as an aside since the Native American female you hired/promoted is also a member of a protected class, I should think he would have a very hard time proving his case to the EEOC. Even legitemate claims of discrimination are very hard to prove.
cebudragonlady Joined: Jun 28, 2004 Posts: 131	Posted: 2006-06-15 08:22 Even with a direct EEOC complaint vs. a Substantial Weight Review of a State agency decision - how much time is usual for a decision by the EEOC ? Employers have to consider how long these things go on, amounts of resources and effort expended in either scenario- even if discrimination is difficult to prove. Char
janimal Joined: Jan 04, 2003 Posts: 189	Posted: 2006-06-15 11:17 Ditto! And....if she did tell him to "shut-up" and "do what I say" - that isn't discrimination. So whether she said those things or not is irrelevant. It is ridiculous to file a lawsuit for being told to "shut-up"! I would change the locks of the office immediately, as I'm guessing with 3 employees you all have keys, and hire a security guard for a little while after ther termination. Better safe than sorry after his display of temper.
Fray-Witzer Joined: Sep 13, 2001 Posts: 78	Posted: 2006-06-15 18:57 I'd offer to Mapquest him directions to the EEO and give him a subway token. Even if you had the requisit number of employees, which you don't, there's just nothing to this potential complaint.