Legal Question in Employment Law in Virginia

Re: Employee Racial Discrimination/Poor Work Performance

You need to compile a record, clearly documenting

what has occurred with this particular employee,

from your perspective as the employer. This documentation should include specific references

to the tasks which she was assigned while at "the office" and your assessments as to why she failed to perform these assigned tasks and/or duties in a satisfactory manner.

Your current approach is foolhardy in allowing this employee to masquerade as a supervisor while

performing no meaningful work. She should be immediately reassigned to the last position

in which she was able to turn in a satisfactory performance, even if that's the lowest position in the cleaning department with the understanding that if she's able to perform satisfactorily there, she may be considered

for promotion to another position if she has the necessary KSA's (knowledge, skills and ability).

In the meantime, the company might consider offering her the opportunity to train to acquire the necessary KSA's that would allow her to work successfully in the office or similar environment.

Again, all of the foregoing efforts should be carefully documented in the event that things don't work out with this employee and it becomes necessary for the company to terminate her.