Misconduct, Complaints & Retaliation

Whether you’re a line manager or an HR person, you’ll probably get a phone call one day from a prospective employer asking about a current or former employee. But don’t worry: There are ways to respond to reference requests that are truthful, yet protect you, your company and the employee. In this Quick Take, you’ll learn how to avoid lawsuits – for defamation or negligent referral – connected with employee references. Specifically, you’ll learn how to prepare for a phone call requesting references, what to say – and especially not say – on the call, and what to do after the call.

Employee privacy rights often come down to one key phrase: 'reasonable expectation of privacy.' But what exactly does that mean and do you translate that ambiguous standard into a meaningful policy for your organization. In this Quick Take, you’ll learn what 'reasonable expectation of privacy' means, and why it’s so important, five common ways supervisors may violate employee privacy, and three guidelines to help you stay on the right side of the law..

Most supervisors can recognize cases of blatant sexual harassment – where, for instance, an employee makes a crude or threatening advance. Or where an employee touches another in a way that’s clearly out of bounds. But what about those less obvious cases? In this Quick Take you will learn the difference between 'quid pro quo' and 'hostile environment' sexual harassment. Why sexual harassment doesn’t need to target a specific person. How 'victimless' sexual banter can trigger lawsuits. Why actions that are completely non-sexual in nature can be construed as sexual harassment and the 'reasonable person' standard for determining what is, and isn’t, sexual harassment.

Is workplace violence really a problem you need to worry about? You bet it is – even if you consider your workplace to be friendly and safe. According to OSHA, nearly 2 million American workers report that they’ve been victims of violence at work. But what can you actually do to prevent workplace violence. Can managers and supervisors predict when a given employee is likely to turn violent? After all, you can’t call the police every time an employee looks at you the wrong way. In this Quick Take, you’ll learn seven signs that an employee may be at risk of engaging in workplace violence, and how to respond to them using the concept of 'graduated response' in tandem with your organization’s policies.

Managers and supervisors play a critical role in handling employee complaints and preventing legal action. Why? Because very often they’re the first point of contact when a complaint is filed. This Quick Take will show them how to play that role correctly. Viewers will learn: A three-step model for conducting interviews with employees who come to them with complaints and three common mistakes managers make when handling complaints.

Retaliation has a specific meaning under the law. It’s an 'adverse action' against anyone who has engaged in 'protected activity' – for example, making a discrimination complaint or filing a workers comp claim. In this Quick Take, you’ll learn what retaliation is (and isn’t); why even conscientious, fair supervisors may be at risk for creating a retaliation claim; four common mistakes that can get you accused of retaliation; and how to avoid these mistakes.