Okay. There is a particular employee, the employee does a fantastic job. Yet, this person speaks very limited English. There has been several opportunities that they have been passed up on due to this. Personally, I do not hire people that do not have a functioning knowlege of the English Language. This person was hired when I was in LOA. The frustrating part is that I have to often page one of the translators to speak with this person.. The translators are for customers and NOT employees. I am very versed on laws concerning civil rights and most acts that apply to employment. Legally, I am not wrong. Yet, I am wondering how people that work under me may view this. Especially the Hispanic community. I know that as the "boss" everyone is not going to love me. Respect is what I want from my employees.
2007-12-23
07:35:05
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16 answers
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asked by
2fine4u
6
in
Politics & Government
➔ Law & Ethics
Honestly, I do not think that I should use the company's resources for translators. Translators do not come cheap. In any job, there is going to be a time where someone is going to have to speak to a customer. If it is just to ask where the bathroom is. I do not feel it is MY responsibility to make sure that they learn English and I will NOT make it my responsibility. If they want to go to school, then my company does fund education. Like I said, they would not have been hired on my watch. Yes, I do want to fire this employee and whoever hired them. The employees that I sign off on for hire, are employees that could have the potential to move up in the company.
2007-12-23
14:51:19 ·
update #1
People who do not speak English should not be employed in the US. If I were going to live in France I would learn French "Before" I moved. We are far too tolerant with immigrants.
Learn English before applying for a job in the USA!
Then come here legally or "Keep Out"!
HEY MINDBIRD: Not being able to communicate with co-workers is a job impediment. And having to have translators to work with these special employees is perfect grounds for termination of employment. It's an expense the employer should not have to incur.
The easiest way to avoid the entire situation is to NOT hire people who can't speak English. Period!
JACKHUMBUG: Pay for time spent learning English? He's in the USA, has a job, is getting paid for tutoring and you think his employer should pay him too?
This is an example of how we are doing too much for immigrants. All this cash and consideration should be being distributed back to us in the form of wages, savings and investment.
Once again, if you can't speak English, you can't work here.
2007-12-23 07:43:16
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answer #1
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answered by ? 6
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It's a judgment call. If it is required that someone must speak fluent English to perform your job (no janitor needs not to speak fluent English, perhaps some conversational English, so it depends on the type of job), then you can say he is not qualified. But how do you explain that he has done such a fantastic job if he is not qualified even with the language barrier? No, it is not discrimination in my opinion. But before you resort to firing, you should think of an alternative. If he is the only Hispanic in the office that can't speak English, see if he wants to learn the language. Emphasize the importance of learning the language as part of the job description. Be careful not to single him out though as you might have a lawsuit afterward.
If you give him reasonable time and notice to learn the language and provide the resources, he should be a better employee in the long run, or you can fire him later (like a year later, not immediate). That's my opinion. Hope it helps. You should consult a Labor and Employment lawyer to be sure. I am one and the above is not legal advice.
2007-12-23 07:49:49
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answer #2
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answered by Andy 4
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what course of action are you intending to take in this matter ,if you wish to terminate this employee,you are well within your rights depending on the state,most times you can terminate at will as can the employee,
better would be to reassign this person to a department where english is not as much of an issue or to work with the customers that you employ the translators for.anyway i highly recommend that you wait till after the first of the year before you take any action.good luck and merry christmas freind.sicerely joe.
2007-12-23 12:53:20
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answer #3
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answered by joe c 6
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Neither... I have immigrant friends that speak good English that are very smart and have excelled in business. Some more than I and my English is perfectly understandable. The fact is if I went to another country even to visit much less work and back a living I would learn their customs, slang and language before I even thought about coming over. Not doing so is like going to McDonald's and ordering a pizza then telling them they are discriminating because they don't serve Pizza Hut...
2007-12-23 11:33:24
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answer #4
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answered by ? 4
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Good business practice. No question about it and there is nothing racial about it. This could apply to any person in any situation. This person perhaps was better at written than oral English and needs practice or a bit more learning. I am sure there are ways to deal with this if that person is also a very good employee in all other ways.
2007-12-23 21:30:45
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answer #5
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answered by Noor al Haqiqa 6
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You should consider how good the employee is. If its worth the trade off of having to get a translator, then continue employing your employee. Try to help him/her learn English. Perhaps suggest for them to take an English class.
2007-12-23 14:27:10
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answer #6
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answered by Anonymous
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I would suggest to the employee, in writing, that he/she must learn English well enough to do the job properly, and give a time limit. If he/she is a sufficiently valuable employee, offer to pay for the lessons.
It's not that hard to learn just the part needed for business communication. Six months should be enough.
2007-12-23 11:06:18
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answer #7
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answered by auntb93 7
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If I were the employee, I would make the effort to improve my English, particularly if I knew it was affecting my job performance.
Is there any way to tactfully request this? Perhaps the company could arrange language tutoring for the employee, with pay for the time spent in lessons? Just a suggestion.
2007-12-23 08:16:04
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answer #8
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answered by Jack B, goodbye, Yahoo! 6
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Because of the limited English skills of this employee, he would have to know he is being passed up for opportunities. One would think that this person would take some classes in English so that he would be qualified for advancement.
2007-12-23 08:02:09
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answer #9
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answered by Anonymous
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I can't see it as discrimination to fire someone because their poor English skills limit their performance. But you are right that there is more to it than that.
Does this person do so much better in their job to compensate for the problem their poor English skills may cause?
Is there some low cost or free service out there to help this worker improve his English skills?
You might explain to this person that if he improves his communication skills (learns more English) this will improve his chances at promotion.
Best of luck in this PC world.
And best of luck to your employee.
2007-12-23 07:48:07
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answer #10
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answered by Sheldon Cooper 5
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Law in the United States prohibits discrimination on the basis of gender, nationality, religion, race, or disability. Not being able to speak English properly is not one of those and it would be completely acceptable to fire someone for not being able to speak English if English fluency is required for the position. However, if the person is able to perform all of the tasks of the position adequately, firing because he cannot speak English could be seen as discrimination based on nationality.
2007-12-23 08:05:47
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answer #11
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answered by James 7
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