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Documentation and policy protect against workplace retaliation claims

On Behalf of | Jun 9, 2021 | Employment Law

Employees who are unsatisfied with their working conditions or the people they work with will sometimes make unfounded claims against an employer. They may claim, for example, that incidents of workplace discipline or termination were an act of unlawful retaliation. 

One way that you can do this at your company is to set policies that resist retaliation. There are several things to consider when you’re doing this. 

Document everything

Any disciplinary actions, even warnings, should be clearly documented. Ideally, your company will have employees sign all of these actions. This gives you the backing to claim that the employee knew about the performance issues that led to their termination. 

Use clear and consistent terminology

It’s especially important for your company to use consistent terminology in performance evaluations. There should be an outline of what a specific performance rating means so that both employees and managers have the same understandings.

Take time outs

Sometimes, situations might get heated between employees and supervisors. While you might expect everyone to behave in a professional manner, empower employees and supervisors to take a time out to calm down if necessary when things are getting tense. This may provide everyone involved with a better ability to find solutions for issues. 

If claims of retaliation are made against your company, it’s up to you to ensure that you’re handling the matters appropriately. Your attorney can help you to determine what options you have and which are in the best interests of the business. It’s best to do this quickly so you don’t waste any time or lose any options. 

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