﻿WEBVTT

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Dennis, I'm beginning to wonder how
committed you are to this team.

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You called the regulators?
Why  didn't you come to me first?

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But I just want to make sure that, well,
this isn't just some misunderstanding.

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We have an agreement that you'd
be in, on time, every morning.

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The sitter backed out at the last minute.
I had to find a replacement.

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As managers, supervisors and team leaders, we
all know that the success of our organization,

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and our own personal success, hinges
on our ability to work together,

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treat each other with respect and be productive.

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And, by now, we should all be aware that it's illegal

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to discriminate against anyone
based on things like race, sex, age,

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religion, disability and a
number of other protected areas.

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But what we may not know is that many of the
same laws, rules, and regulations dealing with

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unethical or unsafe activities in the workplace
also specifically prohibit retaliation.

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Retaliation is illegal and we all
have a responsibility to make sure

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it doesn't happen in our workplace.
Because we are in leadership roles,

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we need to know how to recognize,
respond to, and resolve retaliation.

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But, before we can do that, there are a
few things that we need to know about it.

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So, what is retaliation? At it's most basic
level, retaliation means "to get revenge."

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Under several federal, as well as
many state and local employment laws,

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retaliation is defined as any action or activity

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that would either dissuade a reasonable
person from engaging in a protected activity;

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or punish them for having engaged in a protected activity.

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Examples of protected activities in
the workplace include things like

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simply talking to your manager about something that
you think could be illegal, unethical or unsafe.

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It's a protected activity to report or file a complaint...

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Or to refuse to participate in something
that is illegal, unethical or unsafe.

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In addition, cooperating with an
investigation into a complaint...

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Or being a witness in a court case
are also protected activities.

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Now, besides having engaged in a protected activity,

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in order to be considered a target of retaliation,

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you also have to suffer what is
known as an adverse action.

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For example, being fired can be
considered an adverse action.

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Or being harassed, threatened, or even
shunned by your manager or your coworkers

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can also be considered an adverse action.

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So, to put it all together... when an
employee has engaged in a protected activity;

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and they suffer an adverse action
and there is a causal relationship

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between the protected activity and the adverse action

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that's considered illegal retaliation in the workplace.

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Anyone can commit retaliation against another
employee. And anyone can be the target.

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For example, a manager can retaliate by
giving an unjustified poor performance review

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to an employee because he reported a
violation of organization policy.

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Or a group of coworkers can retaliate by
harassing, shunning or ostracizing an employee

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for participating in an investigation
into a discrimination complaint.

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Or a manager can retaliate against
a fellow manager in an effort to

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intimidate him into not reporting the acceptance
of inappropriate gifts from a supplier.

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It's important to understand that retaliation
is a big issue in today's workplace.

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It's already the fastest growing type of discrimination reported

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to the Equal Employment Opportunity Commission.

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Organizations that fail to prevent retaliation

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face the potential for millions of dollars
in fees and damages awarded in lawsuits.

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In addition, an organization that develops
a reputation for permitting retaliation

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will fail to attract and retain good people.

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And claims of retaliation - even
if they prove to be unfounded

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can result in a real loss of trust among
coworkers and significantly impact productivity.

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The bottom line is - just like any
other kind of illegal behavior

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retaliation has no place in our organization.

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We all have a responsibility to make sure we prevent it.

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And, if we become aware of retaliation by anyone,
at any level, we absolutely must report it.

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By working to prevent retaliation, we can
help foster that necessary level of trust,

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respect and teamwork that will help ensure we continue
to make our organization a great place to work.

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As managers, supervisors and team
leaders, we have a special responsibility

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to ensure the professional and compliant
behavior of everyone in our organization.

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And our actions significantly impact
whether people will feel comfortable

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coming forward with any questions,
issues or concerns that they may have.

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We also need to keep in mind that it's
become significantly easier for employees

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to successfully claim they've suffered retaliation
as the result of voicing concerns about

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something that might be illegal, unsafe or unethical.

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So, to prevent retaliation in our workplace...

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We need to learn how to recognize situations that
have the potential to become or are retaliation.

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We need to respond immediately by reporting
and investigating those situations.

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And we need to follow our
organization's policy and procedures

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for resolving situations involving retaliation.

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Now, before we can respond to and resolve issues,
we have to learn how to recognize retaliation.

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So, let's take a look at a few examples
of what it looks like in the workplace.

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I'd worked for Abe for a couple of years or so.

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And to him, if you didn't hit the bars
after work, do poker night with the guys,

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tailgate at football games, stuff like
that... you weren't a team player.

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And, yeah, I had a problem with it.

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What a day, huh?
Yeah...

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Hey, how about we grab some drinks?
Umm....

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Come on... Happy hour at Big Benny's.
Drinks and dinner on me.

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Yeah, it's a gentleman's club, but
big deal. It's got great food.

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And besides, it's part of being a good manager, right?

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Take time to get to know your people.

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Just call your wife. Tell her I'm making you work late.

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I appreciate the offer... but I think I'll have to pass.

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She's never going to know the difference.
And besides, everyone else is going.

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I've got other commitments.

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Dennis, I'm beginning to wonder how
committed you are to this team.

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It happened enough times that it felt
like he was harassing me, you know.

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So I talked to his boss. He said it wasn't
harassment, but that he'd talk to Abe about it.

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Things got better after that, so I
thought that was the end of it.

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Except then, two months later, there was
the thing with my performance review.

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It had to be connected.

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And that's something we can build on.
As much as I hate to do this, though,

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I'm going to have to rate you down
to satisfactory for the year.

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I don't understand. Why?

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Well, a couple of things. The fact that I
haven't seen the progress that I'd like to see;

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and I don't think that your commitment to
being a team player is where it needs to be.

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So, let's talk about what we can do to get
that rating back up for next year, right?

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One of the most important things to learn about retaliation

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is the fuzzy line between perception and reality.

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That's especially true when it
comes to performance appraisals.

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They're one of the most common areas where it's
easy to create the perception of retaliation.

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And the shorter the time between the protected activity

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and the performance review
that's worse than past reviews,

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the harder it will be to combat that perception.

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To prevent claims of retaliation, there should be
no surprises when it comes to performance reviews.

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Give team members ongoing feedback throughout the year.

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And make sure that performance review conclusions are
based on clearly, appropriately documented facts.

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I'm basically the kind of guy who minds my own
business. But what was going on wasn't safe.

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Somebody was going to get sick, and I knew
Gil wasn't going to do anything about it,

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so I called the regulators. That's what started it all.

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Karl. Got a minute?
Sure.

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I need you to get suited up and check on the
number 2 freezer. We've got a vapor leak in there

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and the safety auditors are coming
tomorrow and I don't want them seeing it.

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So cram something in there to stop it up
until I can get the contractor out here.

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Oh, man. Can't you have somebody else do it?
I've got to pick up my kid and pack the boat.

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What?

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I'm taking the kid fishing tomorrow. You
okayed the day off three weeks ago. Remember?

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Right. I forgot about it.

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What about Vince or Reggie?

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Sorry, but you got the short straw today, buddy.

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All due respect, but I always get the short straw.
You always make me do things they could do.

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What?

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Everybody knows you're playing favorites with
them. Those guys cut corners all the time.

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They leave frozen food sitting out too long; they
ship pallets without inspecting for spoilage.

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That's why I called the regulators. People
could get sick and you don't seem to care.

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You called the regulators?
Why didn't you come to me first?

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Because I didn't think you'd do anything about it.

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Karl and I don't always see eye to eye,

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but accusing me of having favorites
and letting people cut corners...

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well, that's the first I'd heard of that.

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And him going to the regulators first... well,
sorry, but he crossed the line with that one.

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Just get in there and let me know
when you've got it stopped up.

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And I'm going to need everyone here tomorrow.
So your fishing trip's going to have to wait.

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You can't be serious.
Sorry, but life's isn't fair. What can I say?

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When an employee makes a complaint against us, our
first reaction is often to get mad and defensive

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especially when they didn't come to us first.

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That's only natural. We're human.

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But, as managers, we have to control our emotions,

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treat the employee professionally and with respect.

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And we have to ensure that our actions
don't lead to claims of retaliation.

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For example, reacting by making rash decisions and
arbitrarily denying benefits to an employee like

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training, vacations, and so on -
can lead to claims of retaliation,

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particularly if denying those benefits can be
connected to the employee's protected activity.

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We also have to be consistent in enforcing policy.

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Denying a benefit or privilege without
an apparent, good business reason

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can make employees reluctant
to come to us with concerns.

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Instead, they're likely to go outside
the organization to complain.

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Bottom line, we're responsible for creating an
environment where people feel safe voicing concerns.

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And when they do, we have to react
professionally and take them seriously.

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The way Tom handled some of his
patients; I didn't think it was right.

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So, yeah, I talked to my manager about it.

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You know, to be honest, what you're
saying about Tom, it surprises me.

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I'm not making this up.
I'm not saying that you are.

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But I just want to make sure that... well,
this isn't just some misunderstanding.

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Roberto works with him all the
time and he hasn't said anything.

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It's not a misunderstanding. What Tom's is
doing is wrong, and I think he should be stopped.

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We did an investigation. I talked to Tom;
I confidentially surveyed his patients,

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and we didn't find any abuse or mistreatment.

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I know Chloe can be a little thin skinned, so
I reminded Tom to take it easy around her.

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And I said something about her to Roberto.

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Since the three of them work together,
I figured Tom would tell him anyway.

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After that, I didn't think much about it.

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It started a couple of days after
they finished the investigation.

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I got anonymous threatening emails; hang up
phone calls in the middle of the night.

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And then there was that time on the stairwell.

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Hey, Chloe, how's it going?
Hey, Roberto.

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Getting much sleep, lately?

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There are two traps that can be very easy
to fall into when it comes to retaliation:

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assuming that if the original
complaint turns out to be unfounded,

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there's nothing to worry about; and
failing to keep things confidential.

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You can still be charged with retaliation, even if

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the original claim is investigated and found to be untrue.

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And we also need to be very careful
about keeping things confidential.

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The best advice is to tell the people involved
only what they need to know about the claims

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and protected activities, when they
need to know it. No more. No less.

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Recognizing retaliation is an important step
in helping to maintain a culture of respect,

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trust and compliance. But, it's only the first step.

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We also need to know how to respond to and
resolve situations before they spiral out of control.

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And, to be honest, that can seem
pretty challenging at times.

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So, to help give you a better
idea of what we need to do,

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and, well, not do, let's take a look at
the kind of example that can turn out

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very badly for us if we don't handle it correctly.

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How did it start? Well, to begin with,
I had been having problems with Angie

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ever since she got back from maternity leave.

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Angie, you were 15 minutes late this morning.

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I know. But the sitter backed out at the
last minute. I had to find a replacement.

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We have an agreement that you'll
be in on time every morning.

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This is the second time in the last three weeks.

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Not only did she have attendance problems,
but Angie's work just wasn't up to par.

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I told her if it didn't improve,
I'd have to put her on probation.

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And then, two days later, things really got complicated.

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I'd like to report a policy violation.
Come on in.

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Well, Fritz and I went to the office
supply store over lunch to get some things

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for the government research
project we're working on.

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Oh, sure. How's that going?
It's fine.

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But, while we were there, Fritz charged ten dollars
worth of personal stuff on the company card.

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That's a violation of policy, not to mention
the terms of the research contract.

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Did you tell him what he'd done was wrong?
No. That's your job.

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I'll be honest, I didn't appreciate her
tone. But, I told her I'd look into it.

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Only before I could, she had told
someone that she had filed a complaint.

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And pretty soon the entire
department knew what was going on.

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Fritz's friends started avoiding
Angie and refusing to work with her.

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And, as far as her performance issues, I started
to doubt what I could and should do about it,

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because she might complain about me.
And it turned into the perfect storm...

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When we have a legitimate performance issue with an
employee who has engaged in a protected activity,

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we have to be aware of how our interactions
with that employee will be perceived.

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Having to put an employee's work under
closer scrutiny can be perceived as

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micromanaging them in an effort to
find something to discipline them for;

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or selectively enforcing policies in order get them
to leave, and it could be considered retaliation.

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We also need to be extremely careful
and make sure that all our actions

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are based on sound business reasons.

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They must be consistent with our
organization's policies and procedures.

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And everything related to our actions and
decisions has to be appropriately documented.

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I must admit, given her history, my first impulse
was just to fire Angie and be done with it.

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Instead, I called Kahlil in HR and
got some advice, and I'm glad I did.

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Okay, then, based on what you've
told me, here's what we need to do.

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If you haven't already, I recommend that
you meet with Fritz and Angie individually.

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What do I say to them? I don't want to add fuel to the fire.

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Just explain that you and I will be conducting a
full and impartial investigation into the complaint.

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And that everything will be kept
as confidential as possible.

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Hmmm, that ship has already sailed.

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The whole department knows. It's part of the problem.

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Then you also need to have a brief
meeting with the entire team

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and without getting into specifics, remind
them of our policy around retaliation.

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The fact is, that regardless of their personal feelings,

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they need to continue to treat each
other with professionalism and respect.

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Okay. What about Angie's performance problems?

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Her complaint and her performance
are two separate issues.

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Now, assuming that you've
documented things appropriately,

00:20:31.117 --> 00:20:35.648
I'll work with you on any disciplinary actions,
and we'll try to prevent a retaliation complaint.

00:20:35.673 --> 00:20:37.150
We did investigate.

00:20:37.338 --> 00:20:40.703
Turns out Fritz paid for his personal stuff the same day

00:20:40.728 --> 00:20:43.186
when he turned his receipts into Accounting.

00:20:43.440 --> 00:20:45.833
I did talk to him about how
serious it could have been

00:20:45.833 --> 00:20:51.316
had he used government funds for his personal
items and counseled him not to do it again.

00:20:51.586 --> 00:20:56.282
Unfortunately, Angie continued to have
attendance and performance issues.

00:20:56.324 --> 00:20:58.204
So, I had to let her go.

00:20:58.608 --> 00:21:02.935
It wasn't fun, but I'm glad I listened to Kahlil's advice,

00:21:02.984 --> 00:21:05.711
it could have been much worse.

00:21:14.908 --> 00:21:21.055
As managers, supervisors and team leaders,
we have the primary responsibility

00:21:21.080 --> 00:21:27.394
to prevent situations in the workplace from
escalating out of control and becoming retaliation.

00:21:27.677 --> 00:21:32.786
And there are a few specific actions
that we can take to help us recognize,

00:21:32.811 --> 00:21:36.424
respond to and resolve retaliation issues.

00:21:36.955 --> 00:21:41.076
We need to encourage employees
to come forward with concerns

00:21:41.125 --> 00:21:46.816
and take all reports of illegal, unsafe
or unethical behavior seriously.

00:21:47.078 --> 00:21:54.109
We need to keep in mind that when a complaint is
made, the potential for retaliation always exists.

00:21:54.134 --> 00:21:57.479
And we need to be proactive in preventing it.

00:21:57.651 --> 00:22:03.673
In addition, we need to treat everyone
consistently, fairly, and respectfully.

00:22:03.758 --> 00:22:07.473
Consistently enforcing our organization's policies

00:22:07.498 --> 00:22:12.257
and procedures will minimize the
chance for claims of retaliation.

00:22:12.871 --> 00:22:15.885
We also need to manage our own emotions

00:22:15.910 --> 00:22:20.869
and make sure that our actions don't
create the perception of retaliation.

00:22:21.032 --> 00:22:26.234
And we need to proactively help others
manage their emotions and actions, as well.

00:22:26.782 --> 00:22:32.233
Finally, we need to keep accurate
and appropriate documentation.

00:22:32.322 --> 00:22:38.606
Good written records can often be critical in
addressing "perception of retaliation" issues,

00:22:38.647 --> 00:22:43.568
as well as being vital in defending
our actions in a legal proceeding.

00:22:43.883 --> 00:22:50.019
By being proactive in recognizing, responding
to and resolving situations before

00:22:50.044 --> 00:22:54.902
they have the opportunity to escalate,
we'll be doing our part to keep ourselves

00:22:54.927 --> 00:22:57.336
and our organization out of trouble.

00:22:57.361 --> 00:23:02.626
And we'll be helping to maintain a true
culture of trust, respect, and compliance

00:23:02.655 --> 00:23:09.777
that enables good people to focus on
being successful and productive.

