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Should we talk to employee who filed a complaint? California

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  • Should we talk to employee who filed a complaint? California

    Good morning all!
    We recieved a notice of a discrimination claim being filed with the Dept of Fair Employmnet and Housing for one of our female drivers.
    The complaintis that she has not been called in to work due to her being female.
    The truth is she along with other drivers (male and female) did not work much during that period due to bad weather and general lack of work, due to us being in construction.

    Ownership wants to know if we should sit down with her and talk about what happened. Is this soemthing we should do or let the complaint process proceed with FEHA. As of now it is just a notice and no action is required per the letter we recieved.

    What do you guys suggest?

  • #2
    I recommend not speaking directly to her about this issue...even if she comes to you about it. She has turned this into a legal drama, it's up to her to see it through.


    • #3
      Agree. Since she has already filed a complaint with the FEHA, I would do nothing at this time.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


      • #4
        I agree with not speaking to the employee at this time. Most likely, if she has an attorney, she will not talk to you without an attorney, anyway.
        I also recommend contacting whoever handles your legal issues (corp attorney) and also your liability carrier. They can both be great sources of info since most likely, they have dealt with these issues previously.
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson


        • #5
          With my liability insurance, the carrier recommends and pays for the lawyer once we notify the carrier of a claim.


          • #6
            Thank you for you respnses. I agree , and more knowing she has a past history of getting "emotional" over the little things that happen on the job and her attitude that we want to get rid of her. She is a good employee, buther problem is her negative attitude not her gender.
            We have discussed with our legal team and will wait till FEHA send in a formal request for documents.