HR Management & Compliance

Retaliation: 6 Steps to Prevent It


Yesterday’s Advisor talked about one of the dumbest, yet most prevalent, management actions—retaliation. Today, let’s talk about how to prevent it.


Let’s admit it—nothing feels as good as planning retaliation. And nothing can make you feel as bad if you actually go through with it. So what can you do to stop managers from acting on that urge to retaliate? Experts suggest a multipronged approach that includes the following:


1. Establish Clear Policies


Publish a policy that prohibits retaliation against employees who make complaints or engage in protected conduct.


2. Create a Multichannel Complaint System


Establish several means for employees to register complaints. Yes, you do want to encourage employees to report a problem, but both the line manager and HR should know about it so you have a chance to work things out before lawyers and government agencies get involved.


3. Clarify Accountability


Make it clear to managers and supervisors that preventing retaliation is part of their jobs.


4. Gather Information


Establish your intelligence network. As the HR manager, you need to be the first to know, not the last.


5. Insist on HR Review


Before you do allow adverse actions against whistleblowers or employees who have made complaints or taken any other protected action, consider the consequences. Whether you think they deserve the discipline or not, conduct an extra HR review before proceeding.


6. Train, Train, Train …


Training … at several levels … is probably the most important antiretaliation action you can take.



  • Train all employees on your complaint systems.



  • Train managers and supervisors to restrain themselves. All your managers and supervisors should realize:

  • How expensive and time-consuming retaliation suits can be

  • How dumb it is to take an employee’s losing case and turn it into a winning case by retaliating against the employee

  • What actions can be considered retaliation

  • The danger of time proximity; that is, that an otherwise reasonable disciplinary act will appear to be retaliation if it comes shortly after an employee has taken a protected action

  • The necessity of contacting HR before taking adverse actions

    Yes, you do have time to train managers and supervisors with BLR’s 10-Minute HR Trainer. Try it at no cost or risk. Read more.



    … In 10 Minutes


    Of course, to train effectively, you need a program that can deliver top-quality training to line supervisor and manager colleagues. Even better, one that requires little time out of their busy schedules.


    That’s BLR’s 10-minute HR Trainer. Our customers report that, when they use it, they feel they’re delivering first-class training, and their people are still getting all their work done.


    In developing 10-Minute HR Trainer, we first had our lawyers identify the most critical training topics. Then our editors skillfully split those major topics into discrete, manageable chunks and created a training package on each for you to present—right out of the box, complete with reproducible handouts, in as little as 10 minutes each!


    10-Minute HR Trainer offers these features:



  • Trains in 50 key HR topics, including manager and supervisor responsibilities under all the major employment laws, and explains how to legally carry out managerial actions from hiring to termination. For a complete list of topics covered, click here.



  • Uses the same teaching sequence master teachers use. Every training unit includes an overview, bullet points on key learning areas, an immediate quiz to test understanding, and a handout to reinforce the learning later.



    Train your line managers with BLR’s 10-Minute HR Trainer. There won’t be time for classroom boredom. Try it free. Read more.




  • Completely prewritten and self-contained. Each unit comes as a set of reproducible materials. Just make copies or turn them into overheads, and you’re done. No research, writing, or other preparation needed. To see a sample lesson, click here.



  • Updated continually. As laws and practices change, your training needs do as well. The 10-Minute HR Trainer program provides new lessons and updated information every 90 days.



  • Works fast, with learning that lasts. We don’t call it the 10-minute trainer for nothing. Each session is so concise and focused that there’s not a second’s waste of time. Your managers are in and out almost before they can look at the clock. Yet the lessons are so understandable, and the reinforcement so well done, trainees remember even small details months later.


    Evaluate It at No Cost for 30 Days


    We’ve arranged to make 10-Minute HR Trainer available to our readers for a 30-day, in-office, no-cost trial. Review it at your own pace, and try some lessons with your colleagues. If it’s not for you, return it, and we pay return shipping.

    Download list of training topics
    Download sample lesson

  • 1 thought on “Retaliation: 6 Steps to Prevent It”

    1. What if a manager gets upset ebcause an employee files a complaints and the manager find other means to terminate the employee? Here is what happened? The employee called her manager 6 hours before her shift to inform her that she was ill. The manager told her to go see a doctor or go buy meds and get to work or she will be terminated. the employee contacted HR to file a complaint and was concerned about her job. I addressed the manager and supervisor they said the worker was fibbing and that she was not ill but that they would terminate her on other grounds. What liability do you see here? What law protects the employee from the manager asking her to see a doctor and bring proof and buy meds?

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