Legal Question in Employment Law in California

manager rights

I am a low level manager with no right to fire employees. However I complete their reviews. One of my employees each year has blamed his lack of performance on others. At his 2005 review we took away his ability to complain by placing the burden on him to seek other avenues for assistance. He did not use this assistance. So for his 2006 his review he has accused me of being a racist in a 10 page written complaint. This was given to HR and discussions have been completed with the employee, our VPs and myself separately. Now they want me to meet with him and discuss our working relationship. I don't feel I can work with this man any longer nor am I comfortable meeting with this bully who is 3 times my size. Can they force me to have this meeting? If I do not meet with him does this open me up to a possible lawsuit should the company finally fire him for his lack of performance?


Asked on 12/18/06, 2:55 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: manager rights

If you refuse to meet with your employee, as requested by management, you would be insubordinate and could be fired for that reason. It also would make you appear to be the unreasonable person in this relationship.

Whether you are named in a lawsuit or not depends on what the employee and his lawyer decide to do. Normally, indivdual employees are not personally liable for managerial acts, such as performance reviews. But if it is alleged you racially harassed the man, you could be named.

It is best to attempt to defuse the situation before it gets out of control. Communication is always the best way to do that.

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Answered on 12/19/06, 6:50 pm


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