Retaliation claims are very tricky. Suppose you get a discrimination charge accusing your CEO of sexual harassment. The CEO barks back, “I didn’t do anything. Fire this employee immediately for false reporting.”  But what is false reporting? You know, as a human resource professional, that you need to conduct a thorough investigation before coming to any conclusion about false reporting. 

What if your employee refuses to follow a supervisor’s direction? Does the employee have a good reason to refuse or is the refusal just plain insubordination? What will you do if the employee accuses you of criminal conduct or unsafe working conditions?   

Areas Covered

Who Should Attend

Supervisors, Human Resource Managers, in-house counsel

Why Should You Attend 

It is only human nature to be angry when someone accuses you of something like discrimination, harassment, or even criminal activity. And when you get angry, you will inevitably make a bad decision that could be considered retaliatory.  You will also have the employee who realizes that termination is inevitable, who will engage in some kind of “protected activity” in an effort to avoid termination. Do you go forward with terminating and risking a retaliation claim?