I can't wait until the 31st to dump these people.

[HokeyReligions]

Ok I know its sad to lose a job. I've been unemployed. But I have two contractors and one needs to go. I've been stuck with a belligerent uncooperative rude person for a year. She refuses to do work. When she does its not right and she says she doesn't understand how to fix it. She knows how because she delights in fixing it for others. Shes been nothing but trouble. I did not hire her.

 

This is going to sound racist so let me preface it. I do not think all black people are like this or will pull this.

 

The reason I can't fire her is because she threatened legal action claiming if she was fired its because she's black. Everyone - me, my boss all of us were investigated after her allegations. Because I recommended three people who were hired and they are one Philippine one black and one hispanic.

 

Her contract is up on the 31st .yay

[HokeyReligions]

Because I recommended three people who were hired and they are one Philippine one black and one hispanic I passed the "discrimination investigation" also because others who have worked with/for me attested to my fairness. But I've still been stuck with her.

 

Before thanksgiving I told everyone to give me their vacation plans. Again I asked twice. She never responded. I asked directly. My boss told her she had to tell us or work. As she was leaving today she informs me she will be out tomorrow and is taking more time off at Xmas and new year. She thought that I would have to jump in and cancel my plans to work in her place. Not this time. I had to tell her cohort to cancel and work in this girls place.

 

I think I'll bring in breakfast for everyone the day after she's gone.

[pink_sugar]

Wow, sorry you're dealing with this. From what you've said, I would not be sorry at all to fire her. If her job meant that much, she would be working harder and not trying to find any reason she can to sue the company.

[carhill]

If you're an employer, expect to be sued for discrimination, toxic workplace, worker's compensation, overtime abuse, etc, etc. Most of my colleagues who have employees have law firms on retainer to handle the inevitable employee cash grabs. The numbers are figured into the wage and price structures, along with employee theft. It's a real eye opener to have an employee stealing, using what they steal and company equipment to earn a supplemental living and then sue the company for wrongful termination. Life in the modern world. My sympathies. Happy New Year

[HokeyReligions]

I wouldn't be surprised if she does try to sue. I'm her manager but its not my company. I have spent the last year documenting everything. Every email, every post it note and I journal everything with names of witnesses and such and I did this with our HR department and my boss and his boss. So I'm not worried.

 

I think what upsets me is that she is using her race. Doesn't she know that that kind of behavior encourages racial stereotypes and racism?

 

The problem is HER. Her attitudes and poor work ethics are the problem but she chooses to claim others are discriminating because of her race. That behavior IS going to make people wonder if everyone of the same race will pull the same thing. It makes it harder for everyone.

[Eclypse]

That's pretty poor behavior! She's basically spitting in the face of all the civil rights activists who battled to give equal treatment. You get crappy people from all races and walks of life.

 

Hope it goes smoothly.

[d0nnivain]

Document. Document. Document.

 

You do need to expect to be sued as cahill said but you can win if you have the support to back up a termination based on poor performance. While you can't fire somebody for their race, you can fire them for sitting on their a$$ & not doing their job.

[Got it]

I wouldn't be surprised if she does try to sue. I'm her manager but its not my company. I have spent the last year documenting everything. Every email, every post it note and I journal everything with names of witnesses and such and I did this with our HR department and my boss and his boss. So I'm not worried.

 

I think what upsets me is that she is using her race. Doesn't she know that that kind of behavior encourages racial stereotypes and racism?

 

The problem is HER. Her attitudes and poor work ethics are the problem but she chooses to claim others are discriminating because of her race. That behavior IS going to make people wonder if everyone of the same race will pull the same thing. It makes it harder for everyone.

 

I don't understand why you had to allow her the time off. You stated in writing the procedure, she didn't follow, so she doesn't get it.

 

Anyone can sue. That is just the nature of the beast. She would have to prove that it is based on a protected characteristic and it seems that the investigation has shown otherwise. It really doesn't matter, she can file with the EEOC and go from there.

 

We deal with claims of discrimination, etc. on an almost daily occurrence due to our size. And EEOC complaints on a monthly basis. While we do not have firms on retainer (I actually don't know any large employers that do) we have firms that we work with who bill accordingly. The EEOC is very backed up and runs slow. Claims take months for them to even open and then months later before the employer is even made aware. For us, 60% are dismissed after we give our findings, the rest are recommended to mediation. Few across the US go to lawsuits as they are expensive and it is easier to just mediate out.

 

While we understand these concerns and very real cost to the company we also do not allow employees to hold the company hostage. We make sure that management is doing what it should, hold those accountable that should be, and go from there.

 

Honestly, for an average size company this is really par for the course. Lol, we have had under 30 white guys claim discrimination because they are not included in any protected characteristic and THAT is discriminatory! There are a lot of entitled people out there.