Steps Employers Can Take to Reduce the Potential Risks
A single claim of workplace retaliation, even if it’s unfounded, can have a devastating impact on your business. Accordingly, it’s essential to take proactive measures to minimize the risk that an unhappy or disgruntled employee can wreak havoc with your reputation and your bottom line.
The Things You Can Do to Potentially Avoid a Workplace Retaliation Claim
First and foremost, you should always consider the possibility of such a claim before you engage in certain activities involving employees. The more intentional you are about avoiding even the appearance of retaliation, the less likely you’ll face problems:
- Take the time to develop, implement and communicate a comprehensive company policy banning retaliatory conduct. That policy should be in writing, and should be posted prominently in the workplace, with a copy provided to every employee. The policy should clearly identify what types of activities are protected and what types of conduct (by employers or their agents) are prohibited.
- Ensure that all employees participate in and complete mandatory training on what constitutes retaliation, under state, federal and local laws
- To the extent possible, document everything in writing, including any potential reasons for disparate treatment of employees, such as denial of promotion, pay raise or benefits
- Carefully assess your actions with respect to different employees. If some employees did not have access to or receive benefits that others did, carefully document why.
- When a worker reports or alleges violation of the workplace retaliation laws, immediately launch a thorough investigation
- Maintain confidentiality with respect to employee reports or complaints, so that other employees don’t take retaliatory action on their own
Let Stephen Hans & Associates Protect Your Rights as an Employer in New York
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in a wide range of employment matters. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
2Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.
