Forums
Discrimination Concerns!
Legal Forum
Discrimination Concerns!
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have a performance issue with one of my CSRs. I can track incoming and outgoing calls and their length. I've figured GENEROUSLY that the phone calls take at most 4 hours total per 8 hour day. Yet th
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId36061
Forums » Topic Forums » Legal Forum » Discrimination Concerns!
|
Discrimination Concerns!
posted at 8/19/2009 5:14 PM EDT
|
Posts: 1
First: 8/19/2009 Last: 8/19/2009 |
I have a performance issue with one of my CSRs. I can track incoming and outgoing calls and their length. I've figured GENEROUSLY that the phone calls take at most 4 hours total per 8 hour day. Yet this person is unable to meet deadlines on her other task which should take 3-4 minutes per sheet and she has about 10 sheets, even after 2 weeks, and continually references "all the calls" as a reason. Nothing else is on her plate. From experience I know she should/could not only accomplish the calls and the other task, but she should also be able to handle returns processing, but if she can't handle refunds how can I give her returns? On top of it, her job description states she is to work certain hours while other people in the company are allowed to work different hours because of THEIR descriptions - and she says this is racially discriminating. But her job description states her hours - and yet she continues to appear 10 minutes late every day. I am hesitant to make a big deal because I'm seriously NOT discriminating against her, I just want her to do her job and if she continues to be uncooperative and continue the low output I will have to seek action towards termination. She has received a verbal warning for her tardiness but it was not filed by previous management. Is a company with fewer than 15 employees liable for a discrimination suit when the termination would be caused by PERFORMANCE only? I have been documenting everything.... |
|
|
Discrimination Concerns!
posted at 8/19/2009 8:56 PM EDT
|
|
Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
There's nothing that would prevent the employee from filing a discrimination complaint. It's whether or not you could defend against it that's the issue.
If this employee's work hours are as stated in a job description given to her and if the reason for those different hours is not based on race (hard to see how this could be) then you should be OK. You state that you are documenting everything - a very wise precaution since its quite possible she might also try to claim that any disciplinary action you take was the result of her allegation of discrimination. To be absolutely sure, you should seek the advice of legal counsel versed in employment law. But it appears that you're taking the right steps. |
|
|
Discrimination Concerns!
posted at 8/20/2009 4:08 AM EDT
|
|
Posts: 410
First: 1/26/2006 Last: 11/15/2010 |
Hi:
Less than 15 employees takes your company out of the scope of the Civil Rights Act, however some states may require fewer employees to trigger their anti-discrimination coverages. I trust this is helpful. Dave Arnold, Ph.D., J.D. |
Forums » Topic Forums » Legal Forum » Discrimination Concerns!
