Manager's Career Hindered by Complaint to the EEOC

L.A. Times Archives

May 3, 1998 12 AM PT

Q: About a year ago, I was named by another manager in an Equal Employment Opportunity Commission (EEOC) complaint. The company settled for an undisclosed amount six months ago, and my career has taken a tailspin.

I was passed up for promotion, refused a lateral transfer and have been replaced by a less qualified person. I’ve done nothing wrong and have been an excellent employee.

I wrote a letter to the human resources and legal departments addressing these issues and have been ignored.

What are my options?

--C.L., Fountain Valley

A: Discrimination in the workplace is, of course, illegal. You say that you have done nothing wrong. Unfortunately, it may be your word against the other manager’s.

Employers are often in the “Catch-22” position of imposing discipline that may make only one or neither of the parties happy. The problem may be the degree to which you are able to disprove the harassment charge.

It is significant that you have not been fired. Perhaps your employer feels that the evidence is not enough for such drastic action but is not really excited about rewarding you with promotions or other consideration, at least at the present time.

If you can really prove that it was not your fault, and there is a double standard of discipline, you might have a claim for discrimination against them.

Whether you want to pursue that claim any further is another question.

Do your homework. Evaluate whether you can get a better job outside the company. You should try to determine whether it is better to try to start fresh with a new employer, even at a lower level, or to remain with your current employer in hopes that your situation will improve over time.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Abrasive Employee Can Be Scrubbed

Q: I am a manager of a family-run restaurant. I have one server who is abrasive with the customers, and often I catch him with his arms folded.

My employer and I have made numerous attempts to explain that in high-volume restaurants, there is no time for employees standing on the floor with arms folded and “nothing to do.”

This employee has done nothing wrong, yet has done nothing right. This establishment requires talent beyond fundamentals. Our customers pay for it and deserve it.

What are my rights regarding terminating an employee in order to maintain customer satisfaction and company integrity?

--R.G., Los Angeles

A: You would be completely within your rights to terminate the employee.

One common misconception is that employees may only be terminated for acts of misconduct. Employers are not required, however, to retain employees who have a poor work ethic or an uncooperative attitude.

Although specific work rules and prior warnings are not required prior to terminating a poorly performing employee, such measures can often prevent an employee from falsely claiming that he or she was terminated for some illegal reason, such as discrimination or retaliation.

Therefore, an employer should have an employee manual or handbook that has specific rules addressing not only obvious disciplinary offenses such as theft or drug use, but also for less tangible issues, such as insubordination, poor attitude, discourtesy and lack of teamwork.

Employees who fail to meet these criteria might be given a written warning or two and then terminated if the situation does not improve.

Employees with bad attitudes or poor work ethics may also be screened out of the hiring process with just a little effort on the part of the employer.

A comprehensive employment application should be used, and applicants should be interviewed aggressively, so that uncooperative, irresponsible, or “victim-like” traits may be exposed during the hiring process.

It’s a lot easier not to hire problem employees than it is to get rid of them after they have been hired.

--James J. McDonald Jr.

Attorney, Fisher & Phillips

Labor law instructor, UC Irvine