Whether you believe an employee’s underlying complaint is done in good faith or not, you risk additional exposure by retaliating. The courts say that the scope of retaliation is broader than the scope of the underlying claim. This means that even if the underlying claim is not actionable, how they are treated in light of it may be.
- Max gets a visit from HR…saying that one of the employees he manages…has just launched a complaint against him…for discrimination and bullying.…The employee said Max berated her…during a recent performance discussion.…She believes his tone went beyond what was necessary…and it felt demeaning.…HR provides Max with a warning…and Max said the employee can be so frustrating to manage…but he'll try better.…
One of the most difficult things for any manager…is managing an employee after they've made a complaint.…As a result, retaliation is the fastest-growing claim…filed with the EEOC…and it's attached to almost any claim…for harassment or discrimination.…There's an inherent distrust which develops…once a complaint is made.…Employees are going to be concerned about retaliation…and punishment for making that complaint.…
They'll be on the lookout for evidence…to prove up their claim.…They'll often be guided by lawyers…behind the scene to do so.…In turn, managers have to be careful…not to now micromanage the employee's performance.…
DISCLAIMER: This course addresses US law concepts that may not apply in all countries. LinkedIn (including Lynda.com) and the instructor are not giving legal advice. Neither Linkedin (including Lynda.com) nor the instructor represent you. The information conveyed through this course is similar to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views and legal interpretations presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- How job descriptions matter when it comes to the law
- Offer letters, contracts, and agreements
- Questions you can't ask job applicants
- Test and assessment instruments
- Managing employee leave
- Harassment and discrimination laws
- Handling bullies in the workplace
- Employee discipline