Equal Opportunity Harasser Defense

[FlyingEagl3]

What is the name of your state? New York

Hello Forum:

So I have a particular employee that I want to get rid of. So what I've been doing is telling him to do B instead of A and turn around write the person up for misconduct for doing B. Also I've been telling the working that they can turn in a report that's due on Thrusday on Friday and write them up on Performance improvement plan- I've done this so much I got them on a final notice.

Unfortunately this particular employee is saying I'm harassing them based on their protected characteristic - which is not true. Little did I know that all those time I was telling the employee this; he was recording it.

Can I claim equal opportunity harasser as a defense? If so, would I have to prove I did this with other workers or will my word be good enough?

Thank you

 

[quincy]

What is the name of your state? New York

Hello Forum:

So I have a particular employee that I want to get rid of. So what I've been doing is telling him to do B instead of A and turn around write the person up for misconduct for doing B. Also I've been telling the working that they can turn in a report that's due on Thrusday on Friday and write them up on Performance improvement plan- I've done this so much I got them on a final notice.

Unfortunately this particular employee is saying I'm harassing them based on their protected characteristic - which is not true. Little did I know that all those time I was telling the employee this; he was recording it.

Can I claim equal opportunity harasser as a defense? If so, would I have to prove I did this with other workers or will my word be good enough?

Thank you

You are telling the employee to do B and writing him up for doing B, despite your instructions to do B? Seriously?

 

[FlyingEagl3]

You are telling the employee to do B and writing him up for doing B, despite your instructions to do B? Seriously?

Yes because I wanted to get rid of this employee.

 

[stealth2]

Well, aren't you just a lovely person.

 

[cbg]

I'm sorry, I do not volunteer here to help you harass your employee, legally or not. As far as I'm concerned, you can stew in your own juice. Call your corporate counsel to get you out of the hole you've dug for yourself.

 

[quincy]

Yes because I wanted to get rid of this employee.

You asked in your original post: “... will my word be good enough?”

I think your word as recorded by the employee will mean a lot. Your word otherwise seems to mean very little.

You should consult with an attorney in your area.

 

[Just Blue]

What is the name of your state? New York

Hello Forum:

So I have a particular employee that I want to get rid of. So what I've been doing is telling him to do B instead of A and turn around write the person up for misconduct for doing B. Also I've been telling the working that they can turn in a report that's due on Thrusday on Friday and write them up on Performance improvement plan- I've done this so much I got them on a final notice.

Unfortunately this particular employee is saying I'm harassing them based on their protected characteristic - which is not true. Little did I know that all those time I was telling the employee this; he was recording it.

Can I claim equal opportunity harasser as a defense? If so, would I have to prove I did this with other workers or will my word be good enough?

Thank you

Curious...why did you want to get rid of this particular employee?

 

[Zigner]

Are you the owner of this business?

 

[PayrollHRGuy]

If you want to get rid of the employee fire the employee.

If you aren't the owner and just a supervisor I hope the owner finds out what you are doing and fires you.

 

[LdiJ]

Yes because I wanted to get rid of this employee.

Ok, then why didn't you just fire the employee? Why go through all of the rigamarole?

Its not like its going to help you keep him from claiming unemployment. He is going to be a lot more credible than you will be to the unemployment people...and if he has any hint of a disability or protected characteristic well, then you are looking at worse.

 

[not2cleverRed]

Yes because I wanted to get rid of this employee.

Is there a reason that you couldn't just fire him and let him collect unemployment?

 

[Taxing Matters]

Unfortunately this particular employee is saying I'm harassing them based on their protected characteristic - which is not true. Little did I know that all those time I was telling the employee this; he was recording it.

Can I claim equal opportunity harasser as a defense? If so, would I have to prove I did this with other workers or will my word be good enough?

What protected characteristic is the employee claiming is the basis for your alleged discrimination and what is the real reason (if different) that you want the employee gone? Your problem here is that while treating others the same way might provide you a defense, your word alone won't cut it? Why? Because what you've done is dishonest and once the jury hears the employee's proof of it your credibility will be absolutely shot. In short the jury will view you as a liar, and that rarely goes well for you.

 

[FlyingEagl3]

Thank you for the response.

I'm not perfect and I know it was wrong. Not sure why some forum members are being so harsh. I think it safe to say everyone has made poor choices before.

I just don't like the employee. He's claiming I made a hostile work environment for him because of his race.

I'm not the owner of the business; I'm just the supervisor. Just firing him without cause would look bad. So documentation is needed to make it look legit and for cause.

How do I prove that I treat other employees like that?

 

[LdiJ]

Thank you for the response.

I'm not perfect and I know it was wrong. Not sure why some forum members are being so harsh. I think it safe to say everyone has made poor choices before.

I just don't like the employee. He's claiming I made a hostile work environment for him because of his race.

I'm not the owner of the business; I'm just the supervisor. Just firing him without cause would look bad. So documentation is needed to make it look legit and for cause.

How do I prove that I treat other employees like that?

I think that firing him for made up infractions would look even worse to your employer...particularly when the employer gets sued for discrimination. What you are doing is incredibly foolish.

 

[Just Blue]

Thank you for the response.

I'm not perfect and I know it was wrong. Not sure why some forum members are being so harsh. I think it safe to say everyone has made poor choices before.

I just don't like the employee. He's claiming I made a hostile work environment for him because of his race.

I'm not the owner of the business; I'm just the supervisor. Just firing him without cause would look bad. So documentation is needed to make it look legit and for cause.

How do I prove that I treat other employees like that?

What is your purpose? To save your job? What was so "unlikable" about the employee?