Do you think you know everything there is to know about retaliation? We already covered the basics in a past 2-Minute Trainer. Yet retaliation remains one of the easiest and most expensive mistakes you can make with an employee. That’s why we’re revisiting retaliation and helping you avoid it.
Retaliation occurs when an employer takes some action against an employee, such as firing, demoting, transferring, or denying a raise or promotion, because the employee did something he or she had a right to do (or not do).
Retaliation often arises in a tricky way. Even if you’re not retaliating intentionally, a disgruntled employee will jump at the chance to engage in protected action if the circumstances are right.
For example, Joe has been getting a lot of write-ups for performance lately, including attitude problems and showing up late. He suspects he is about to be fired. As a preemptive strike, he reports an OSHA violation at the workplace. As a result, an inspector comes to the office and disrupts your operations. Joe doesn’t seem like a team player, so you fire him. Retaliation? It depends, but Joe surely could make the claim.
In this case, your best defense is your written record of Joe’s performance BEFORE he made the OSHA complaint. If you made only verbal warnings, then it would be his word against yours. If you don’t have a written record to support your employment action, you may want to reconsider the timing of the termination.
Managers cannot retaliate against employees for taking protected action. We’ve listed some of the activities employees may participate in, no matter HOW MUCH it inconveniences their employer. See the full list here: Employee Protected Activity List.
That’s it for your 2-Minute Trainer for today! Now go have a productive, harmonious, and lawsuit free day!
Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
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