Asking ee to drop EEOC charge?
geoffmc
2 Posts
We have a current ee who had a feinting spell at work several weeks ago and has been out on FMLA leave since then. They thought it would be a work comp illness and they would collect TTD. It was NOT determined to be work related so they have been off work for weeks without a check. Two weeks ago they filed an EEOC charge of age and disability discrimination.
Now they are feeling better and about to return to work. They "seem" to have a much better frame of mind now.
Can I ask them to drop the EEOC charge?
They have retained an attorney who sent us a letter and asked that any conversation about the EEOC charge needs to go through their office instead of straight to the employee. Do we need to follow that or can we discuss the matter with our employee directly?
Thanks for the help.
Now they are feeling better and about to return to work. They "seem" to have a much better frame of mind now.
Can I ask them to drop the EEOC charge?
They have retained an attorney who sent us a letter and asked that any conversation about the EEOC charge needs to go through their office instead of straight to the employee. Do we need to follow that or can we discuss the matter with our employee directly?
Thanks for the help.
Comments
YES
"or can we discuss the matter with our employee directly?"
NO
How are the two connected?
Employee has a history of occasional clashes with other employees. Never anything severe, but enough to be documented and counseled. However, my predecesor never did. (I was hired last July).
In early Feb they got into it with another ee, and both were writen up and given a final warning.
In late Feb they passed out at their machine. Their doctor put them on a strong sedative, so strong that they were no longer able to run their equipment and no light duty was available.
After 4 wks on unpaid FMLA they filed a charge that the discipline in early Feb was motivated by their age (>40) and they weren't given light duty because of their medication (disability).
Then they talked to an attorney.
They amended their original EEOC charge to no say that they have been denied promotions and raises since 1998 (don't know what happened then) and still are.
And don't ask him to drop the complaint. Any decent attorney can quickly turn what may have been an innocent conversation into an attempt to intimidate and harass an employee that filed a complaint about your company...and it will serve only to strengthen the ee's case.
Let him persue the EEOC claim...if it is baseless and you have your facts in order, you have nothing to worry about (consulting your attorney might not be a bad idea though, some of these cases are just better to settle).
Good Luck!
As far as the FMLA leave do you have a light duty policy? As I mentioned in another post, filing the boundless stacks of paper found in all corners of the company is a wonderful light duty assignment. However, before returning them to light duty, I would get a release from the doctor listing their restrictions and possible duration.
Just my thoughts and opinion.
L--