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Here are a few important thoughts to consider when it comes to retaliation:
- A claim of retaliation can be brought and be successful even if the employee’s original complaint about an illegal, unsafe or unethical act (protected activity) is unfounded.
- Retaliation complaints stand on their own merits and are separate from the protected activity surrounding them.
- Managers must be especially cognizant of the perception of their actions in a situation involving a performance issue with an employee who has engaged in a protected activity. In these cases, it's vital you get the experts in your organization involved.
- To help avoid retaliation, you should always get help from the experts in your organization to investigate and resolve claims of illegal, unsafe or unethical actions. You should always investigate the facts thoroughly before you take action.