Retaliation: A Workplace Soap Opera 9-14-18

https://www.jdsupra.com/legalnews/retaliation-a-workplace-soap-opera-93182/

Bruce’s Summary: The author states, “It’s possible to have a valid claim (retaliation) based on an underlying complaint that has no merit.” Something everyone should take a moment to think about.
The author gives three examples for HR Professionals to use as guides when talking with respondents or use for harassment training. As an example, (adding my 20/20 hindsight) in two of the three samples a clear understanding should have been made with the respondent about the pitfalls of responding to the claimant in any manner and the potential negative consequences if such an encounter occurs. The third example, reference to threatening the HR Manager, is trickier. Is it venting or is it threatening? Over my 35-year HR career I experienced both. If threatening, it has to be addressed immediately, if venting, I would let it go with a clear understanding it stops with me. Human beings get upset, everyone does at times, but what has to be understood in our legal environment today is for every action there is a potential consequential reaction. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com

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