Retaliation in the Workplace: Understanding and Prevention
Retaliation, often seen as revenge, can bring to mind dramatic scenarios like those in the movie "Taken." However, workplace retaliation is usually more subtle, but still devastating. It's important to understand the rules surrounding retaliation in the workplace, especially for Human Resources staff, managers, and other influential individuals within a company.
What Does Retaliation Look Like?
Consider a scenario where an employee, let's call her Jane, reports unwanted behavior from a coworker and is then punished by being reassigned to a less desirable shift. This is a classic example of retaliation: Jane raised a concern, and in response, faced negative consequences.
In another case, an employee named Bob expresses dissatisfaction with his wages on social media, only to be suspended without pay for two weeks for violating company policy. This is deemed illegal retaliation, as discussing work conditions with coworkers falls under protected activities.
Is Retaliation Always Illegal?
Retaliation becomes illegal when it targets actions protected by law, such as reporting harassment or discrimination. However, if a complaint is found to be unfounded, retaliation may not be illegal. The key factor is whether the employee genuinely believed the reported behavior to be illegal.
Retaliation Doesn't Stop Consequences
Filing a complaint does not excuse poor performance or other misconduct by an employee. It's crucial to handle each situation judiciously, considering all relevant factors before taking any action.
How Do You Stop Retaliation?
Simply stating a policy of "no retaliation" is insufficient. Each case must be carefully assessed to determine the appropriate course of action. Training managers to handle complaints effectively and report them to HR can help prevent retaliatory actions and ensure thorough investigations.
The Bottom Line
Remember that even if a legal case is resolved in your favor, mistreating a complainant can still result in negative consequences due to perceived retaliation. Seeking guidance from an employment law attorney before making decisions can help avoid costly mistakes in handling workplace issues.
