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Dispute with Employee

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EnterNameHere

Junior Member
What is the name of your state (only U.S. law)? New York

I run a business and majority of my workers are older (over the age of 40) Caucasian females. There are a few males as well. In one of my departments there are all older Caucasian females and one male. This particular male falls in many protected classes. He's the only male, Mexican and in his 20's. As you can see he is very opposite from the rest of the workers in age group, race and gender.

This particular worker is treated different because he is able to do more work (even though he isn't paid more). We give him more difficult assignments and task because I feel he is able to get it down. He has asked his supervisor for assistance that is given to the other employees and the supervisor told him "he doesn't need that type of assistance" while providing this same assistance to the other workers in the department.

I am just founding out the details. The supervisors also made it an obstacle for him to find a relief to cover him for lunch and bathroom breaks. He recorded many of these statements. He even has our HR manager on record trying to defend the actions of one of the supervisors' actions when he went to complain about it.

He wasn't treated this way because of discrimination but rather because he can do the work. But the worker thinks he was treated differently because of discrimination. He falls in so many different protected classes. Recently my company his been contacted by an attorney that is representing this employee. Basically they said that the employee is unhappy and wants to amicably parts ways. They want to discuss a severance package. The employee wants $30,000 as a severance package.

What should I do? $30,000 sound like a lot but the package would also include a wavier of all claims. I don't think we did anything wrong. I believe we are allowed to give any assignments and task as long as its included in their job title.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? New York

I run a business and majority of my workers are older (over the age of 40) Caucasian females. There are a few males as well. In one of my departments there are all older Caucasian females and one male. This particular male falls in many protected classes. He's the only male, Mexican and in his 20's. As you can see he is very opposite from the rest of the workers in age group, race and gender.

This particular worker is treated different because he is able to do more work (even though he isn't paid more). We give him more difficult assignments and task because I feel he is able to get it down. He has asked his supervisor for assistance that is given to the other employees and the supervisor told him "he doesn't need that type of assistance" while providing this same assistance to the other workers in the department.

I am just founding out the details. The supervisors also made it an obstacle for him to find a relief to cover him for lunch and bathroom breaks. He recorded many of these statements. He even has our HR manager on record trying to defend the actions of one of the supervisors' actions when he went to complain about it.

He wasn't treated this way because of discrimination but rather because he can do the work. But the worker thinks he was treated differently because of discrimination. He falls in so many different protected classes. Recently my company his been contacted by an attorney that is representing this employee. Basically they said that the employee is unhappy and wants to amicably parts ways. They want to discuss a severance package. The employee wants $30,000 as a severance package.

What should I do? $30,000 sound like a lot but the package would also include a wavier of all claims. I don't think we did anything wrong. I believe we are allowed to give any assignments and task as long as its included in their job title.
I believe that the bolded areas are going to give you problems and that you NEED to get your own attorney on board for this matter ASAP.
 

cbg

I'm a Northern Girl
This sounds suspiciously like the same situation that was discussed in several very long threads on more boards than one, a few months ago.

I will tell you what I told you/the other person in those threads. Your employee has a very strong prima facie case for discrimination and I do not believe you would win in court on the basis of what you've posted. You need to be talking NOW to your corporate attorney. If you do not have a corporate counsel, get one. If you can make this go away by settling a large sum of money on this employee, you might well be wise to do so, but you need your own attorney to be involved in negotiating exactly how many zeroes you're going to end up writing on that check.
 

adjusterjack

Senior Member
What should I do?
Hire a lawyer. Negotiate a settlement. You'll probably come out settling for a lot less than $30,000 because the employee's lawyer will want a quick payday and not want to wait a year or two while he fronts the money for litigation.

Once you get out from under this you would be wise to fire the supervisors that got you into this mess.

Then create policies that prevent this kind of thing in the future.
 

eerelations

Senior Member
Actually $30,000 is pretty cheap for the kind of mess you've gotten yourself into. (Yes, I know it was your supervisors who got you into it, but as your supervisors' employer, you are responsible for whatever mess they make.) You need an attorney to help you ensure you don't end up paying more than $30,000.
 

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