Guest writer Judge Ruth Kraft, and employment law expert at Kirschenbaum & Kirschenbaum, discusses why it’s important for security alarm company owners to have their employment policies translated into several languages.
I operate an alarm/security company. My employment policy states that unprofessional, threatening and inappropriate conduct toward a client or fellow employee is strictly prohibited and will result in discipline. I just suspended a worker for cursing at and pushing a co-worker, who he referred to using a racial slur. The suspended worker is now making noise about filing a complaint with some government agencies, claiming that he was harassed while on my premises. When I pointed out that he signed my policy and knew the consequences for violating it, his answer was that, while he might have signed because he was told to, he doesn’t read English very well and didn’t know what he was signing. He is from the Dominican Republic and his first language is Spanish. Any thoughts?
Answer:
First, you did the right thing by suspending the worker if this is what is called for in your policy. Since he has raised the possibility of harassment, you should protect your own interests by investigating; if the co-worker did, in fact, direct a racial slur toward him, then that worker should be disciplined as well.
In terms of understanding the policy, unfortunately, a signature isn’t enough. Workers now raise the claim that they did not understand what they were signing. I just returned from the annual meeting of the compliance officers’ association (it is held in conjunction with the International Business Ethics Case Competition, which I have been judging for the past nine years). I was fascinated to learn that major corporations are now translating all of their employee-directed documents into up to 20 languages to pre-empt such claims.
I have had our Anti-Harassment and Retaliation policy translated into Spanish and it is available through our Contract Administrator, the amazing Eileen Wagda by calling her at (516)747-6700 ext. 312 or via email at [email protected]. The cost is extremely modest and the benefits are incalculable!
