Was my boss correct to fire this co-worker?

Question

I should start by saying that the former co-worker in question is black. We work in an environment where everyone is expected to answer phones and speak with vendors. There is alot of human interaction throughout the day.

As part of the team that conducted her interview, she came across well spoken and hard working. After she was hired, while her work remained consistent, she started reverting to "street talk" or "ebonics" when talking to clients and vendors alike. Many of our clients are very affluent individuals and went as far as to alert the owner that her language was convoluted and they felt like she was being rude to them.

Two months ago she was given her first warning. She was alerted at that time that her phone etiquette would be monitored from then on and that she should speak professionally. 3 weeks later, we received 2 additional complaints. Her second warning was issued in writing with the stipulation that if it happens again, she will be terminated.

Well, it happened again last Friday. We received the complaint on Monday and she was immediately terminated.

Today we received notice that she is suing for racial discrimination. I feel like we gave her every chance however she is now stating that her language is due to her race and calling it discrimination. During the entire interview process, she never once spoke that way. Does anyone feel she is right in pursuing legal action?

Answer 1

Evidently, if her behavior was an issue on numerous occasions, in such that it has provoked complaints from customers, then I would say your boss is 100% justified for this action.  That being said, nothing surprises me with the ever growing Liberalness of America.  If a lady can sue McDonald's for spilling coffee in her lap when she placed it between her legs, and WIN, then anything is possible.  Why should a person continue to be employed when that person behavior may cause the business to lose customers?  

Answer 2

If it was made clear to her upon being hired that she was to behave a certain way, she should have.  She misrepresented herself on the interview.  

Answer 3

Her language is due to her race? That just about the funniest thing I've ever heard. Yes I think the employer was right to fire her, no one in a professional business wants to hear street talk, some people have a really hard time understanding it. I don't think she has a right to sue but that doesn't mean she won't win, stupider cases have gone to court and won. I'm rooting for your employer though, I hope he/she wins the case, there has got to be a line drawn between using your race as a way to get whatever you want and being able to perform a job correctly.

Answer 4

i feel fo her, ya kno wat a i mean? dat girl should talk how she likes and no1 should complain bout it ya know wat im sayin?

Answer 5

shes wrong and i don't think she will win this case..she was not being professional that has nothing to do with her race its not like she got fired for talking with an accent or something..and she received 3 warnings so she was warned  

Answer 6

She absolutely, unquestionably should have been fired. People who speak in Ebonics come across as ignorant and uneducated. If they do it as part of their job, they make the whole company look unprofessional. I would never do business with a company whose employees spoke like that.

She was given two warnings and told that she would be terminated if she continued, and she did it anyway. Further, she didn't do it before she was hired, so your employer had no idea she would be speaking like this until after she was hired. She fired herself. She is wrong to sue and could not possibly claim racial discrimination. If she is trying to claim that that's how black people talk, then she is just insulting and bringing down the entire race, and I personally am offended by her behavior.

Answer 7

Ouch. She can try, but work ethics stand as is. You don't go into a professional job bringing the streets with you. Thats just dumb.  

Answer 8

I feel your boss was completely right.  She wasn't fired of being black, she was fired for unprofessional phone etiquette, for which she was given two written warnings.   If she had been using "redneck" grammar and slang, she would have been treated the same way.  Color has nothing to do with it.

She continued to disobey the rules and did not heed the warnings.  Bam! Fired.

She doesn't really have a case, except that she's using the "race" card.  This doesn't make her case hold water, but it does mean your company should get all their records together and make sure they backed up everything that happened that lead to her being fired if they want to fight this and win.

Can your company show where they have admonished other employees of different races for the same type of issue?  Can your company produce the complaints they received in writing or did they keep records of the date, time, and details about the complaints?

Answer 9

Absolutely NOT! She was warned, fair and square.  She spoke well enough to be hired, and then reverted to street talk.

I hope she faces a judge similar to Judge Judy who would not put up with that nonsense for a single minute.

I do hope that your company has paper copies of the warnings she received.  A good paper trail for the judge to read.

Answer 10

NO she probably has no leg to stand on.

On the other hand, I can see where this could be seen as a discrimination issue because traditionally, Inner city minorities do not have much access to cultural influences that many more affluent people take for granted. SO, while her professionalism is a problem, The compnay might think about investing in training on this issue and how to speak properly and maintain that consistently.

Answer 11

Boss was totally correct in firing her. Of course the woman's suing for discrimination and I hate to say she'll probably collect big time because of our current political climate.

This issue isn't new and many people will claim Ebonics is part of black culture and heritage. Who knows perhaps it was her plan all along? I hope your boss will stick to his principals but most likely when faced with the combined wrath of the ACLU and NAACP he'll probably back down and settle out of court.

Makes me think of another case. A black woman applies for a menial job as an assembler for a company that made lamps. She wasn't hired so the lady sued for discrimination based on the fact this Compton based company's workforce employed mostly Latinas.

The factory owner said he didn't hire the woman because she had no prior experience. He also felt she didn't have the aptitude for the job either. The woman claimed it was solely because she was black. She ended up collecting 200 thousand dollars. The man closed the plant and relocated to Arizona.

Answer 12

I don't think that she has a leg to stand on legally. I think that as long as she was provided with multiple opportunities to correct her actions she can't really say that it was a race issue. when dealing in customer service the customer is always right even when they are wrong. There is a line between the way you talk to your friends and family on the phone and a way in which you should speak to your consumers. As long as there is written complaints to cover your managers back she can't call it discrimination. Once again the customer is always right. If the consumer feels that the way she was speaking to them was inappropriate or rude then your boss had no other choice as long as there is sufficient documentation that there actually were multiple complaints. I know a lot of people probably won't agree but dealing in customer service myself you really do have to watch your language and your tone of voice. One hint of irritation and you will be reported!  

Answer 13

The fact that she is suing you for racial discrimination given the fact that you treated her fairly only means she was looking to set up your company for a lawsuit.  Seems like you had every right to fire her.  Make sure you document every discussion, warning and finally the termination.  Document every client who complained and what their complaints were.  Make sure you have an outline of those job duties that she was not performing to corporate standards.

Her attorney is hoping that you won't have documentation and will look for an easy out of court settlement of this issue.  I wouldn't be surprised if she has pulled this con before.  She may work a couple of months and then sue for a couple of years worth of salary, a winfall for her.

Answer 14

She is wrong to do that and hopefully, the judge or arbitrator will see right through her.  Ebonics are generally not acceptable in the workplace--common sense to most.  Your employer gave her fair and adequate warning and she shouldn't be suing anyone.  She did, however, deserve to be terminated.

Answer 15

No she is not right to pursue legal action.  However, anyone can sue anyone for anything including this -- doesn't mean they'll win.  Your employer did everything right, issuing warnings both verbally and in writing.  The woman will most likely have her case dismissed once the investigation reveals all the steps the employer took to resolve the situation prior to termination.  Should it indeed go as far as a mediation or trial, I'm sure when the personnel file (with all complaints and warnings, etc.)  is reviewed and testimony given (by supervisors and other employees), the case will be settled in favor of your employer.

The terminated employee probably realizes this too.  But she's hoping the company will settle outside of mediation or trial and that she will at least get something for her trouble.  I hope your employer doesn't give in to such tactics.

Answer 16

She has no right. She was teminated because she had poor etiquette and did not meet to the company standard of professionalism.  Plus your boss did warn her twice.