Brooklyn, NY asked in Employment Law and Employment Discrimination for New York

Q: We have a diversity hire. She is insubordinate w/ abysmal attendance, and does not do her job. MGMT and HR wont fire her

HR and MGMT basically told me she is a diversity hire.. We are a Chinese company and she is a Latin American. She had 40+ incidences of vacations, personal days, call outs, and leaving work early in 2019 (Our allotment is 10 vacation days/ 9 personal). She is insubordinate - does not listen to two of her immediate managers. She had been late 6 times in January 2020, and this week in February - 2 "no call/no shows." She requested personal days - and they were not approved. She does not get her job done, and we have hired other employees to basically do her job for her. I am wondering if I can sue the company for giving her special treatment for being a "diversity hire." This is treading dangerous territory, as I am just another employee, but enough is enough. Management hasn't the gall to fire her, and Human Resources hasn't fired her either. Diversity should go both ways - this person has disgustingly abused her role as a diversity hire. I want to pursue legal help for discrimination.

1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: Are you the person's manager? If not then even if your own manager was not performing you would be powerless.

You owe a duty of loyalty to your employer.

If you try to dismantle their disciplinary practices it might backfire on you.

Confidentially look for another job or close your eyes to it. Or do whatever you can to become a manager. This person may or may not get what they deserve.

What if this person is in a secret relationship with an owner or manager? Who would be let go if they had to choose? Dont lose this job till you have another one lined up.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.