The Perfect Storm (from Preventing Retaliation in the Workplace™)

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Ensuring Fair and Documented Decisions in Reacting 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; ensure all your decisions are based on sound business reasons and are consistent with organizational policy; and make sure you carefully document everything.