Special from Atlanta–SHRM Annual Conference and Exhibition
In yesterday’s Advisor, attorney Dana Cotham offered suggestions for avoiding retaliation claims—the most common type of claim. Today, the red flags that signal potential problems, plus an introduction to the new, comprehensive training solution—TrainingToday.
Here are Cotham’s “Red Flags for Retaliation.” The actions listed below are those that might result in a successful retaliation claim, says Cotham, who practices law in Las Vegas where she is president of CBA Enterprises.
Her suggestions came at the SHRM Annual Conference and Exhibition, held recently in Atlanta, Georgia.
- Certain changes in an individual’s employment status
- Terminating an employee after he or she answered questions during an employer’s internal investigation. (Crawford v. Metro Government of Nashville)
- Negative performance evaluation or reference
- Denial of professional development or professional opportunity (Stoppi v. Wal-Mart Transportation, LLC)
- Undesirable work schedule
- Ostracism from co-workers or colleagues
- Increased level of supervision or criticism
- Lack of feedback on performance
- Involuntary transfer
- Termination
Consider the possibility of retaliation or the appearance of retaliations whenever you plan one of these actions.
Hard to Get a Handle on Training? Now TrainingToday helps you structure a highly-organized, professionally developed training program for all your employees. Find out more.
Preventing Retaliation Claims
Cotham recommends these steps to combat retaliation:
- Develop a Policy and/or Audit Your Policy and Practices on Retaliation Avoidance
- Train your managers to avoid retaliation
- Investigate complaints concerning retaliation
- Maintain confidentiality during investigations
- Evaluate adverse actions
- Be aware of perceptions (firing someone the day after he or she filed a complaint may be justified, but it will certainly appear to be retaliation)
- Perform all your actions “CFL-D” (Consistently, Fairly, Legally—and Document)
Damages Often Double or More
If management needs another nudge, remind them that proven retaliation frequently constitutes a practice undertaken “with malice or with reckless indifference to the federally protected rights of an aggrieved individual.”
Therefore, liquidated damages (amount doubled or punitive damages (amount set by jury) often will be awarded in retaliation claims brought under any of the statutes enforced by the EEOC.
Note: compensatory and punitive damages are available under the ADEA, EPA, Title VII, and ADA/ADAAA; liquidated damages are available under the ADEA and FLSA.
How can you eliminate retaliation in your organization? As with most things HR, the key to success is training, training, and more training. But who has the budget and time to organize a full-blown training program?
Good news from BLR—now you can run your training program like a pro, with our new TrainingToday system.
TrainingToday is a leading provider of online education programs for employees and supervisors. Each course in our extensive library addresses a specific topic with engaging and interactive presentations, delivering practical advice and clear instructions that trainees will remember long after the training is complete.
Three Delivery Platforms
TrainingToday offers you the option of three delivery platforms to meet your organization’s needs:
Professional
- Unlimited training for your whole organization for one flat fee
- Easy to start up and track trainee progress
- Hundreds of courses available, from employment law compliance to sales excellence
Enterprise
The Enterprise includes all the features of the Professional Version plus:
- Track and report capability with built-in comprehensive Learning Management System
- Train with courses as they are, or make them truly your own with our customization options
- Upload your own content (power point, video, SCORM files, etc) to the LMS in addition to using our comprehensive training courses
SCORM
- Integrate content into your existing LMS
- Easy to tailor to your content, logo, presentation style, and corporate policies
- SCORM compliant to integrate with existing corporate learning systems
Looking to take your training program to the next level? Let TrainingToday help you manage a dynamite training program—enroll in our Instant Trainer Webinar Series and learn what it takes to make the most of every training dollar. Ready to learn more about TrainingToday? Sign up for one of our Product Demonstration Webinars
Here are just some of the many courses available at TrainingToday:
[Click here to download information on all courses and libraries.]
Over 75 HR and employment training courses covering topics such as: Sexual Harassment, Diversity, and ADA.
The Diversity library is an interactive training program with different modules for supervisors and employees. It features real-world scenarios and insightful commentary from a leading workplace expert and employment law attorney.
Preventing Sexual Harassment- National – NEW!
This library will give you everything you need to train your employees, supervisors, and managers on how to prevent sexual harassment in the workplace. Several training options available for multiple year training.
Leadership Training for Managers and Supervisors
A variety of helpful courses designed to teach valuable management techniques to supervisors.
Leadership for Employees
Provides tools and information to employees in a leadership position, or aspiring leaders, to improve their business, leadership, and professional skills.
Includes customer service training courses covering topics such as: Phone Skills, Handling Complaints,Identifying Customer Needs and Team Building.
Includes wellness training courses covering topics such as: Creating a Successful Wellness Program, Balancing Work and Home, Healthy Aging, and Hazards of Smoking: How to Quit.
HR Video Training for Supervisors
These HR video supervisory training courses provide expert advice from practicing licensed attorneys on topics such as hiring, firing, privacy, discrimination, sexual harassment and more.
Over 90 workplace safety training courses covering topics such as: Slips, Trips, and Falls, HazCom, and Forklift Safety.
Sales – NEW!
The Sales Training library consists of 12 courses, everything you need to build a top-notch sales staff!
Looking to take your training program to the next level or need to convince your organization that training is critical to long term success—enroll in our Instant Trainer Webinar Series and learn what it takes to make the most of every training dollar. Ready to learn more about TrainingToday? Sign up for one of our Product Demonstration Webinars.