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 Redefined
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.
Protected Activity: The Retaliation Danger Zone
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 list from the EEOC 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!