I am an Area Manager in a Company which provides health care services. I oversee 6 different locations. I recently took on another clinic. An employee at this clinic has not been meeting job expectations, we are planning on replacing her and she can tell that her job is in jeopardy. The company only has 25 employees in the state of Michigan. I should also mention that this employee is the the companies only African American employee in this state. She has recently told one of her co-workers that she has talked to an attorney and that she plans on suing me personally and not our employer, stating that I have singled her out because she is an African American. This is not true. I have delayed letting her go because I am scared. My question is: Can she sue me personally?

Yes, she can. However, if you have properly documented her performance, you have reviewed it with her (with her signature indicating she was told about it), you gave her opportunity to improve and you are not treating her differently than others and you can provide proof of that, you shouldn't have any problem.

Let me know if you have any other questions.

Would she have to file a complaint with the EEOC before suing me? Also, I guess I don't understand why I would be personally liable for events that took place at work. If I open myself up to potential lawsuits everytime I let an employee go then I have no incentive to let people go. That is more risk than I am willing to take for a job.

Also, wouldn't she have to provide the proof that she was treated differently than other employees? Shouldn't the burden fall upon her instead of me. Or can she just accuse me of treating her differently and then I must proove that I didn't?

Your employer will be the recepient of the EEOC charge. They will prepare the first defense...answering the questions that they will receive from the EEOC as a result of the charge. Unfortunately, the EEOC will take the position that your employer must show that they are not guilty rather than the employee proving that discrimination occurred.

The chances are that if she feels she has been wronged, she will file with the EEOC or the state first. They will investigate the matter. Once they conclude their investigation, they will either try to get to a settlement with your employer OR, if they feel that there isn't a reason to believe that discrimination exists, they will issue their final determination in the form of a "right to sue" letter. This "right to sue" letter tells the employee that she can pursue this matter through the court system. However, if the right to sue letter does not show that the EEOC believed discrimination exists, then she won't get very far. I would say that 99.9% of attorneys wouldn't come near her (at least on a contingency bases) because she will lose if the EEOC doesn't believe discrimination exists.

Let me know if you have any other questions.