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When a Write-Up Gets the EMPLOYER in Trouble

Retaliation claims are the “sleeper cells” of employment litigation. Camouflaged as an innocuous act, the retaliation claim typically remains dormant until activated by another, more egregious act. And year after year, it’s the most filed claim with the EEOC. In 2022, of the 73,485 claims filed with the EEOC, 37,898 alleged retaliation – that’s more than 50%!

Are you able to successfully identify potential retaliation claims in your workplace? Consider the following. . .

(**These incidents are based on real cases. Names and other details were changed.**)

Bickering Managers + Sexual Harassment Complaint = 1 HR Headache

You have two management level employees (James and Jennifer) who are constantly arguing. It is no secret they would each like to see the other fired.

You heard a rumor that they almost went to blows about a scheduling issue and their screaming match was witnessed by other employees and customers. You plan to bring them both into your office and discuss their behavior and discipline them for their unprofessional conduct.

Before you get a chance to talk to them, Jennifer comes to your office and complains that two former employees abruptly quit because James had created a hostile working environment. Jennifer claims that James sexually harassed these employees and he had propositioned one of the former employees in exchange for a raise.

What should you do?

1. Do nothing about the sexual harassment complaint since the complaint is hearsay about former employees and continue with the planned meeting regarding the managers’ unprofessional behavior.
2. Do nothing about the sexual harassment complaint since the complaining manager is not credible, and discipline them both for their unprofessional behavior.
3. Investigate the sexual harassment and continue with the planned meeting with both managers about their behavior. Regardless of the outcome of the meeting with the managers, you cannot discipline the female manager because she brought a sexual harassment complaint to your attention.
4. Investigate the sexual harassment complaint and address the unprofessional behavior of both managers. Upon completion of the meeting with the managers, take whatever disciplinary action is appropriate.

Read on for the correct answer.

California

New Law Requires Workplace Violence Prevention Plan
New Law Presumes Retaliation Against Employee
Navigating the State’s New Noncompete Laws
New Rules Impacting How Employers Handle Off-Duty Cannabis Use

Massachusetts

Amended Paid Family and Medical Leave

New York

Changes to Unemployment Insurance Notice Requirements

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This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.