The US Equal Employment Opportunity Commission (“EEOC”) has reported that the number of retaliation-based claims has significantly increased. Employees are increasingly aware of their rights and do not hesitate to use them.
Employers and businesses in Michigan can face serious legal issues when a former or current employee files a retaliation claim. A retaliatory action is when a company takes adverse action against an employee who has complained about harassment, discrimination, and/or reported alleged company wrongdoing (i.e. whistleblowing). Examples of retaliation include:
The employee’s termination
Reduction in pay and loss of benefits
Disciplinary action
Denying a promotion an employee is otherwise qualified for or demotion
Creating a hostile work environment
Although there is no guarantee that an employee won’t try to accuse you of retaliation, the steps below can reduce the likelihood of a successful suit.
Establish a Strict Policy Against Employment Discrimination
Workplace cultures that discourage harassment, discrimination, and retaliation are less likely to experience a retaliation claim. An employment discrimination policy should:
Outline the process for reporting incidents to the employer
Explain how a complaint is handled
Describe any disciplinary action that will be taken against offenders
Develop a Policy Implementation Training Program For Management
It is recommended that workplaces provide their management with training on the discrimination policy so that they can create a culture and environment free of harassment, discrimination, and retaliation.
Incorporate Termination Procedures into the Employee Handbook
Termination should not be unexpected. Your employee handbook should clearly explain the company’s right to discipline and terminate employees for unacceptable behavior. When someone is fired for reasons listed in the employee handbook, it is difficult to claim retaliation. Any efforts to correct problem behaviors should be documented, including formal disciplinary actions.
Consistently Apply Company Policies
Typically, a retaliation claim arises when an employer responds differently to one employee than to others. A retaliation claim may arise if you terminate an employee for repeated tardiness following a sexual harassment complaint, especially if other perpetually tardy employees were never terminated.
A successful retaliation claim can damage your company’s reputation and even its operation. If you need to terminate an underperforming employee after they have filed a complaint with the EEOC or similar entity, contact A|Squared Legal Group to review your situation. We have advised many Michigan employers on the best way to navigate such a legally precarious situation and will recommend the best solution to the problem.