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I have been having issues dealing with a problematic

Customer Question
Hi, I have been...

Hi, I have been having issues dealing with a problematic coworker. They are my subordinate, and they refuse to do tasks that are asked of them. I have reported insubordination. As a result, my boss retaliated, falsely attacked my character, blaming these situations on her false preconceptions that I am aggressive, and told me that I treat people differently because they are “different.” I feel as though she is accusing me of discrimination (racial). This is not the case because I get along with many coworkers of different backgrounds and races. She refuses to discipline this coworker who is the same race as she. Other employees who are different race have been disciplined for the same behavior I have reported. Can I file a legitimate discrimination complaint?

Lawyer's Assistant: Have you discussed the accusation with a manager or HR? Or with a lawyer?

Yes

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Union

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That’s all

Submitted: 2 months ago.Category: Employment Law
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Answered in 1 day by:
3/27/2018
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,026
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Your Question:

Can I file a legitimate discrimination complaint?

Response: Yes, you can under the circumstances if you are being retaliated against because this subordinate is of the same race as the your boss and your boss has disciplined other workers of different race who had done the same thing as your subordinate, but subordinate is not being disciplined.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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