Comments on: First glimpse at new High Court ruling on retaliation http://www.hrmorning.com/first-glimpse-at-new-high-court-ruling-on-retaliation/ Your daily dose of HR Thu, 18 Mar 2010 13:43:13 -0400 http://wordpress.org/?v=abc hourly 1 By: R. B. http://www.hrmorning.com/first-glimpse-at-new-high-court-ruling-on-retaliation/comment-page-1/#comment-1325 R. B. Mon, 25 Aug 2008 16:19:42 +0000 http://www.hrmorning.com/?p=219#comment-1325 I wonder if the number of complaints are up because the incidents of retaliation have significantly increased or are the incidents fairly steady, but more employees now recognize their rights, so are filing more complaints? Or is it a combination of both? Having been a victim of retaliation who didn't file a complaint and also being an HR professional, I can certainly see how both could play a part in accounting for the increase. I have always abhorred any kind of retaliation, discrimination or unethical behavior. I have become very frustrated with the fact that it's far too prevalent in the business world. Perhaps I'm naive, but it bothers me that so many companies applaud and condone unfair treatment of employees. I'm actually glad more people are finding their voice and complaining when they experience retaliation or discrimination because the only thing that gets a company's attention enough to effect change is a big hit to the bottom line. A company should be held accountable if they are operating in an illegal or unethical manner. Supervisors and managers must be trained and unfortunately, many companies don't have the budget or ability to provide quality training in many critical "leadership" related areas. In such cases (where training isn't possible), HR has to be involved heavily in all disciplinary events, even relatively minor ones, and that can be burdensome. On the flip side, I have seen people with major performance problems demonstrate the uncanny ability to determine when they are about to be called into account for their poor performance. They file a complaint of some kind to try to dissipate or avoid discipline or termination. The key in such cases is to have documentation of the performance problem and that documentation must predate their complaint. Otherwise, you're on thin ice if you try to suddenly begin a disciplinary campaign. This is why I always encourage managers / supervisors to deal with performance issues as they happen and I stress the need for documentation and witnesses to any disciplinary counseling sessions. If we are quick to provide correction and direction, document the events and treat employees with fairness and respect, the chances of a complaint ever being filed will be greatly reduced. And if a complaint is filed, we will know we have done right by the employee and won't have anything to fear when called upon to defend our actions. I wonder if the number of complaints are up because the incidents of retaliation have significantly increased or are the incidents fairly steady, but more employees now recognize their rights, so are filing more complaints? Or is it a combination of both? Having been a victim of retaliation who didn’t file a complaint and also being an HR professional, I can certainly see how both could play a part in accounting for the increase. I have always abhorred any kind of retaliation, discrimination or unethical behavior. I have become very frustrated with the fact that it’s far too prevalent in the business world. Perhaps I’m naive, but it bothers me that so many companies applaud and condone unfair treatment of employees. I’m actually glad more people are finding their voice and complaining when they experience retaliation or discrimination because the only thing that gets a company’s attention enough to effect change is a big hit to the bottom line. A company should be held accountable if they are operating in an illegal or unethical manner.

Supervisors and managers must be trained and unfortunately, many companies don’t have the budget or ability to provide quality training in many critical “leadership” related areas. In such cases (where training isn’t possible), HR has to be involved heavily in all disciplinary events, even relatively minor ones, and that can be burdensome.

On the flip side, I have seen people with major performance problems demonstrate the uncanny ability to determine when they are about to be called into account for their poor performance. They file a complaint of some kind to try to dissipate or avoid discipline or termination. The key in such cases is to have documentation of the performance problem and that documentation must predate their complaint. Otherwise, you’re on thin ice if you try to suddenly begin a disciplinary campaign. This is why I always encourage managers / supervisors to deal with performance issues as they happen and I stress the need for documentation and witnesses to any disciplinary counseling sessions. If we are quick to provide correction and direction, document the events and treat employees with fairness and respect, the chances of a complaint ever being filed will be greatly reduced. And if a complaint is filed, we will know we have done right by the employee and won’t have anything to fear when called upon to defend our actions.

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