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Termination and EEOC Investigation

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J

jasonreece

Guest
What is the name of your state? Georgia

I terminated an employee last week and today received a call from the EEOC stating that they are opening an investigation of my company.

The terminated employee had worked for me for two years. She is African American. Her work performance was strong in many ways, but lacking in several key areas that relate significantly to my business. She was made aware of these shortcomings in two performance reviews and instructed that improvement must be made. There was no measurable improvement.

She made it clear to me that she wanted to advance within the company. A few times I gave her work of a higher level to test her ability and she did not do well. Even after additional coaching on those projects, she didn't do any better the second or third time she did them.

It became obvious over the last six months that she was unhappy and her work was suffering even more as a result. While interviewing for another open position, I found a candidate who would be suitable for her job. I extended the offer to that candidate and terminated the existing employee.

I have never had any problem like this in the past and am wondering what to expect and how to handle it! We are a small company, about 18 employees, and fairy diverse. We are roughly 50/50 male/female, three employees are African American, diverse religions, ages ranging from 21-56.

Do I have anything to worry about?
 


Beth3

Senior Member
I can't tell that you have nothing to worry about but if you have documented all the performance problems and discussions with the employee regarding those problems, things will be looking much brighter for you.

Look - ANYBODY can contact the EEOC and file a complaint of discrimination, no matter how bogus it is. There is no initial "screening mechanism" to sort out those who are just pissed-off at being terminated (or whatever) from those who actually were the victims of prohibited discrimination. (Which is why the EEOC has tens of thousands of claims pending in their backlog.)

You would be very well-advised to consult with an employment law attorney before responding to the EEOC. A few hundred dollars spent now on expert legal advice could save you many thousands of dollars down the road if you handle this yourself and blunder due to your lack of experience and legal knowledge. And do make sure it is an EMPLOYMENT LAW attorney, not your general business counsel. You need someone expert in this particular area of the law to advise you.
 

cbg

I'm a Northern Girl
From what you say, it appears that she is claiming that her race was a factor in her termination. In other words, "but for" her race, she would not have been termed.

In order to answer your question, let me ask you one. What evidence do you have that this is not the case? Do you have documentation of her poor performance? Can you point to other, non-AA employees who were termed in the same way?
 

out for blood..

Junior Member
Stolen Property..Not reported stolen

State - Louisiana

I'll try to make a long story short while giving necessary information...
I was contacted by a deputy yesterday stating that during a recent drug raid a handheld communications radio (which was property of my previous employer) was seized. The person arrested was a previous employer of my son, who on several occasions had picked up or dropped off my son at my station (I'm an EMT), which is left unlocked most of the time. This person had told police that he had gotten the radio from my son who had gotten it from me. My previous employer (whom I quit and went to competition) had filed a complaint (which if pursued will be a felony). I spoke with my son and believe he had nothing to do with this. He has never been in trouble, he's 21 is married and has a 10 month little girl. We are well known in our small town and have a good family name. As my son said, he would never do anything to cause me to loose my EMT license, he worked and helped me go back to school after my divorce. I definitely would not jeopardize it, especially over a handheld radio.

Several questions:
Is it likely the DA could press charges based on this information?
Would it be wise to offer to take a polygraph for me & my son?
Could my previous employer pursue anything even if the DA decides not to?
Also my previous employer has told other employees of this, do I have grounds for defamation?
Please respond as soon as possible.
 

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