You need to be sensitive to the legal risks that arise when you seek to discipline or take “adverse action” against employees who have engaged in a form of activity protected by the non-retaliation laws, even if the discipline has nothing to do with the fact that the employee engaged in the protected activity. Utilizing a checklist, like this one, can help you plan your actions and response.
HOW TO USE THIS TOOL
When an employee charges you with retaliation, you need to investigate the situation and explain why you took adverse action. Misstating or omitting facts can arouse suspicions and hurt your chances of getting the case dropped. But preparing an effective response is tricky. To help you manage the process, we’ve provided a checklist broken into two parts