Video Vignettes ID: 3212

You’re Not a Team Player (from Preventing Retaliation in the Workplace™)

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The Legal Risks of Mismanaged Performance Reviews

The performance review is one of the most common ways a manager can retaliate against an employee who has engaged in a protected activity. To prevent that, employees must never be surprised by the information in a review and all management actions/decisions must be based on clearly documented facts. Managers must document appropriately. Lack of documentation is often a problem. From a legal perspective, if a performance problem isn't documented on paper, it's almost impossible to prove.

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Additional Information

Managers should not ask subordinates for personal favors or make improper social invitations. These things may make employees uncomfortable and draw a complaint. Even personal favors or social invitations that seem to be unrelated to the workplace can cause problems simply because of the manager-employee relationship. One of the best ways to prevent retaliation claims is to avoid initial claims of illegal, unsafe or unethical behavior in the first place. Remember, engaging in a protected activity is the first element in a retaliation claim. Without that, the retaliation claim will fail.

More From the Series: Preventing Retaliation in the Workplace™

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Competencies

  • Managing for Peak Performance

Learning Objectives

  • Understand why a manager simply making threats is enough to result in a claim of retaliation.
  • Learn that even if an original claim of an illegal, unsafe or unethical act turns out to be baseless, if it was made in good faith, the claim of retaliation can survive.

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