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Today at work one of my employees accused me of discrimination. I'm a district manager for a CPG company. Last week I was working with this employee and found multiple issues inside his store. He had multiple out of date items (expired) product on the shelves. I have written him up before. This time I didn't I gave home a chance to improve his market conditions. He's been with the company for 10+ years. He's been writing up by two different managers over 6 times before of poor market conditions. I have written him up once. I really don't understand why he said I discriminated against him when I'm only holding him accountable for his job performance.
This is very serious IMO. At no point should you give in or back away from this. If there is anything you can do to escilate this do it. Last thing you need to be known as is a racist.
Edit: I had something similar happen to me once. I was threatened with a supina and legal action. I stuck with my story and everything worked out because there was documentation to support it.
Today at work one of my employees accused me of discrimination. I'm a district manager for a CPG company. Last week I was working with this employee and found multiple issues inside his store. He had multiple out of date items (expired) product on the shelves. I have written him up before. This time I didn't I gave home a chance to improve his market conditions. He's been with the company for 10+ years. He's been writing up by two different managers over 6 times before of poor market conditions. I have written him up once. I really don't understand why he said I discriminated against him when I'm only holding him accountable for his job performance.
This is a 'card' some employees play when the deck is stacked against them. I worked as a food service manager for a while in a Union facility. You better believe whenever I'd start cracking down on issues the claim of 'discrimination' was cried for everyone to hear.
The way I dealt with it, was I posted the policy in the department, had education on the topic, and when the concept wasn't done a certain way it was supposed to, there would be a write up.
And because EVERYONE was educated on the material and the POLICY was public so EVERYONE could see in the department,
NO CLAIM OF DISCRIMINATION WAS JUSTIFIABLE.
Ultimately I got tired of being a baby sitter and got out of management altogether. Much healthier now.
Today at work one of my employees accused me of discrimination. I'm a district manager for a CPG company. Last week I was working with this employee and found multiple issues inside his store. He had multiple out of date items (expired) product on the shelves. I have written him up before. This time I didn't I gave home a chance to improve his market conditions. He's been with the company for 10+ years. He's been writing up by two different managers over 6 times before of poor market conditions. I have written him up once. I really don't understand why he said I discriminated against him when I'm only holding him accountable for his job performance.
So hand it off to HR to handle it and go on with your day.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Quote:
Originally Posted by kyle86
This is very serious IMO. At no point should you give in or back away from this. If there is anything you can do to escilate this do it. Last thing you need to be known as is a racist.
Edit: I had something similar happen to me once. I was threatened with a supina and legal action. I stuck with my story and everything worked out because there was documentation to support it.
There was no mention of race. I suppose that's the most likely but it could be another protected class such as over 40, disability or sexual orientation.
I have been a supervisor or manager since the 1980s, and have had similar accusations made a few times. It's almost always an effort to get some money from the employer that fired them, denied them a promotion, or put them on a performance improvement plan. I have been through a case that actually went to a lawsuit, as a witness (not my employee) and it's definitely something I would avoid. The two days of deposition before the plaintiff's team of lawyers were grueling, but I learned a lot. I would never fire someone without complete documentation of every fault and action taken to help them overcome their deficiencies. If an employer has given opportunities for improvement but none is made, then the firing will be upheld as justified. Some employers, however, especially public agencies, will go ahead and settle out of court and give money to the complainer just to keep it from tarnishing their corporate image and avoid publicity. What will always come back to bite you is treating another employee (who is not in that protected class) differently. If this person can show that their work was no worse than someone who has not been disciplined, you will lose the case.
Today at work one of my employees accused me of discrimination. I'm a district manager for a CPG company. Last week I was working with this employee and found multiple issues inside his store. He had multiple out of date items (expired) product on the shelves. I have written him up before. This time I didn't I gave home a chance to improve his market conditions. He's been with the company for 10+ years. He's been writing up by two different managers over 6 times before of poor market conditions. I have written him up once. I really don't understand why he said I discriminated against him when I'm only holding him accountable for his job performance.
You've explained your issue, now explain his from his perspective.
What did he say that supports his rationale that you are being discriminatory, said something discriminatory or were motivated by discriminatory reasons? Please don't explain the performance issues, we get it.
Can;t you just ask him if all he said was "you're discriminating against me." You could say, what leads you to say this? In his mind you may be acting in a way that he feels that you single him out and maybe you could change your approach to get the message through better.
On a side note, how many warning do you people give out before you fire someone. Is there really any point to continuing to write someone up if they just keep getting another one??
I agree with others that this sounds like a desperate tactic to scare you into not disciplining the employee. OP, you and your employer will ultimately be fine since it sounds like you all have been wise enough to document his failings. However, the employee can make this a horrible experience because all he has to do is make the discrimination allegation to the EEOC.
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