Employee Complaint on Racial Harassment 

EEOC Complaint Settled at First Meeting

Situation:

A disgruntled employee went to the EEOC with allegations that a racial epithet was made about him which was addressed to co-workers and that a file folder was thrown at him.

Strategy:

Tom’s strategy was to do extensive research and get to the bottom of the actual facts, then to use the facts to persuade the plaintiff to settle the case.

Tom’s research uncovered that:

  • The employee, nor anyone else, complained of comments or behavior
  • No one heard the alleged comment or witnessed the behavior
  • The employee never directly heard any comments

Tom’s additional research uncovered that:

  • The employee was suspended from new car sales due to lack of performance
  • Customer surveys reflected high customer dissatisfaction
  • The manufacturer rated the employee as “RED” (which is very poor)
  • Two additional supervisors verbally warned him
  • The employee pleaded to be reinstated after termination
  • The employee owed the dealership money

Solution:

Tom created a 50+ page presentation binder with his research and presented it to the mediator and the plaintiff. The employee had been with the dealership for 8 years, and policies signed by the employee were presented. After the employee was terminated, the dealership sued and obtained a judgment for monies owed by the plaintiff. Subsequently, when the dealership proceeded with collections, he filed the EEOC complaint, which Tom presented to the mediator to demonstrate the plaintiff’s motivation.

Results:

The issue was settled at the first meeting through the EEOC mediation program in the mid four figures. Tom worked with the insurance company to cover monies and defense costs.

 

Tom Kline is based in the Virginia Beach and Norfolk area of Virginia and is an expert in dispute resolution.  He can be reached at 757-434-7656,