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Retaliation in the Workplace Defined

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Employment Law 101

  • Format: Self-paced
  • Course Duration: 3 hrs 11 mins
  • SHRM Professional Development Credits: 3.0
  • HRCI General Recertification Credits: 3.25
  • Certificate of Completion (after passing quiz)

Lawsuits and legal actions are on the rise. We regularly hear about employers leaving themselves liable and open to employee issues related to noncompliance of a regulation. In today’s business environment, every HR Professional must learn the basics of employment law to legally hire, evaluate and manage employees. In this course, Mark Addington, Esq. will discuss a number of different laws that impact the people relationships in the workplace. During this course, the student will learn:

  • The difference between an employee and independent contractor
  • Effective hiring, evaluation and termination procedures
  • An overview of employee benefits
  • Methods to resolve employment disputes
  • Discrimination and union laws
  • Workplace safety rules
  • Effective communication techniques, negotiation strategies and legal tests for court proceedings

Students will also gain an inside view of the law with case examples, real situations and prevention strategies to effectively resolve workplace issues. The overall goal is to provide you, the HR Pro, with an overview of important laws, help you deal with compliance issues and how they relate to many of the HR functions. Support your organization’s success by being compliant and keeping you, your managers and senior leaders, out of legal trouble. Please note: Course originally recorded in 2015 with a focus on employment law in the United States. Laws may have changed since the original recording. Always consult an attorney when it comes to making employment law decisions.

NOTE: There are new regulations starting January 1st, 2020 that increase the threshold in the salary test. Always consult an attorney as regulations discussed in this course can change.


SHRM:
HR Jetpack is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP. This program is valid for 3.0 PDCs for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit shrmcertification.org.

HRCI:
This activity, has been approved for 3.25 HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
The use of the HRCI seal confirms that this activity has met HR Certification Institute's® (HRCI®) criteria for recertification credit pre-approval.

Title: Retaliation in the Workplace Defined
Module: Discrimination
Duration: 4:14

This section is on retaliation. We all instinctively want to retaliate if we’re harmed the instinct is for us to strike back. Or to do something that we believe is protective in nature. This is a great quote by Albert Camus. “Retaliation is related to nature and instinct, not to law. Law, by definition, cannot obey the same rules as nature.” So it's kind of understandable that retaliation is such a difficult thing for employers to dealt with, because a business is an artificial entity comprised of people who instinctively would probably retaliate. And we have to teach them and train them and talk to them about how not to and why. So that's part of what we're gonna talk about here.

Let's look at the legal definition of retaliation, and sort of how retaliation happens. There's actually three elements to retaliation. The first one is that the employee has to be engaged in a protected activity. The second one is that the employee you engage in that protected activity was then subjected to some sort of adverse employment action. And the third element deals with causation, in other words, that adverse employment action was caused by the employee engaging in the protected activity. So when we think about retaliation, from a legal perspective, we look at it in those three aspects to decide whether or not it's an actionable cause of action under the law.

So we have a protected activity that lead to an adverse employment action and the adverse employment action was caused by the protected activity. In defining protected activity, an employee is entitle to take action like a planning, whether it be formal or informal of anything that was illegal, discrimination or harassment, for example. They could be supporting somebody else's complaint and might be appearing as a witness or giving testimony in an investigation, things of that nature. Or it could be if they believe an order is discriminatory in nature or harassing, it could be actually refusing that order. So those are examples from the law of what a protected activity is.

What about adverse action, this one's kind of more difficult to pin down, the idea of an adverse action is something like termination or maybe a demotion or perhaps a loss of pay. We’re gonna talk little bit about this elements as we go through this particular segment.

It's important to note that not everything that’s unpleasant for the employee, is an adverse action. The business, the managers can discipline employees after they've made a complaint but it's very, very important that they be very clear that what they're disciplining is conduct that is contrary to policies or procedures and they're not disciplining differently or for the sake of discipline. In other words, it can't be perceived as just an excuse to pick on the employee. It needs to be very valid, well-documented, and clear discipline if you're going to undergo it.

Also, frequently in retaliation claims this happens. A employee is not happy about something, and they complained. And then other employees aren't pleased that they complained, and they kind of think of that employee as the tattletale and they don't treat that employee with the same respect or kindness. Well, that may or may not be retaliation. Generally, the law looks at that as too minimal to be retaliation because it's not necessarily an adverse action by the business. But a lot of employees don't know that and they certainly will bring a complaint because the work environment has changed after their claim. So these are things to think about.

Instructor: Mark Addington

Mark A. Addington, Esq. advises and advocates on behalf of businesses concerning Labor & Employment Law, Business Regulatory Compliance, Restrictive Covenants (Non-Competition, Non-Solicitation, and Confidentiality), Wage & Hour, Privacy, Technology, Business Contracts, and Mediation.

He represents and counsels businesses exclusively in all types of employment matters involving discrimination law, disability law, employment contracts and separation agreements,...

Mark's Full Bio

SHRM Recertification

HR Jetpack® is an official SHRM Education Partner recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP.

HRCI Recertification

HR Jetpack® is recognized by HRCI as an approved provider to offer credit hours towards aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification.

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