Legal Question in Employment Law in California
Employee argument
Two of my employees got into a disagreement.One employee made some accusations to the second employee. The second employee responded by saying that the situation was brought about because the first person had been a ''lazy ass''. It turns out that the first employee was indeed not in policy and his accusations were unfounded. Now he wants to make an issue of being called ''lazy'',perhaps trying to make it a racial issue even though no racial comments were made. Both employees are peers. Has any wrongdoing occurred? What is my obligation as a manager? I feel the first employee is using this in an effort to get us to rule in his favor.
2 Answers from Attorneys
Re: Employee argument
Your obligation as an employer is to take immediate and effective corrective action to make sure there are no repeat occurrances. Racial utterances are not necessarily determinative of the intent behind the conflict. If the employee who made the comment continues to insult the co-worker, you may be facing a discrimination claim.
You don't have to fire the employee or to admit that the conflict was racially motivated, but you must take steps to prevent the employee from making further comments or retaliating. Anything, ranging from a verbal reprimand, to a suspension, probabtion or even termination is acceptable, as long as it is effective.
Re: Employee argument
You must investigate and take appropriate corrective discipline anytime employees have confrontations. You should seek specific advice and opinion in these circumstances. Call if you wish to do so. 714-960-7584
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