Employment and Labor: Preventing Retaliation

Disagreements among employees are common in the workplace especially if their opinions in work clash. However, some employees, and even the employers, resort to retaliation in extreme cases, which should not be the case. 

Retaliation creates unpleasant atmosphere in the workplace and can even affect the performance of the employee being retaliated. Worse, this may lead to claims, which can be avoided by the employer through a number of ways.

• The most important way is to understand the law that prohibits retaliation. Federal and state laws may differ in terms, but it is important for employers and employees to know all of them. This is the easiest way to avoid doing what is forbidden.

• The employer should establish or adopt a policy against retaliation or other misconducts that may lead to it (e.g. harassment or discrimination). It should define what retaliation is and underscore its zero tolerance policy. Procedures for filing a complaint should also be included.

• Communicate with the employees to let them know that their retaliation complaint is taken seriously. Ask them about the hostile or negative conduct that happened. Don’t forget to thank the employee for his information to know that the complaint was well-received.

• If possible, have a constant communication with the employees about the work environment to identify early on if retaliation could possibly be happening.

• Keep reports of retaliation confidential. Tell only the people who absolutely need to know about it, but explain to them that retaliation would not be tolerated. The fewer the people who know about it, the lesser the chance of retaliation could happen.

• Have an effective and unbiased complaint procedure and an early warning system. An employee who files a retaliation complaint expects quick action, but employers have to assure that there’s a procedure that can help resolve the problem. Explain any delays that may happen as well.

• Everything that can be used as evidence on the claim should be put in writing and documented. The complaint itself, conversations with concerned employees, actions taken to resolve the incident, letters or memos sent to the people involved, and even evaluation documents should all be kept.

• Supervisors, managers, and all human resources personnel should be trained on how to be aware about the presence of hostility in the workplace. They should also know how to handle retaliation and other claims.

• There should be a sufficient time period between the claim and any disciplinary actions that the employer want to impose.

• Consult your Los Angeles employment lawyer and have them evaluate the company policy created or have them review any of the complaints.

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