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Collins, Buckley, Sauntry & Haugh remains open for business during this Stay at Home period as our work has been deemed essential by Governor Walz. To ensure we can serve our clients and that our staff is safe and healthy we are doing our work remotely. We continue to work on current and new client matters. Minnesota Courts are determining which cases will be heard based on their priority level. If you have an active case and an upcoming hearing date, we will notify you regarding any additional impact the circumstances surrounding COVID-19 may have on your case. Thank you for your continued patience and cooperation during this time.

Understanding what qualifies as workplace retaliation

| Jul 2, 2020 | Employment Law

Retaliating against an employee because they reported an incident, is illegal and punishable by law in Minnesota. Workers have the right to express their concerns confidentially without fear of retribution.

Companies that implement resources to provide employees with a safe and private way to discuss concerns may prevent retaliation claims and better incentivize their workers to treat each other with respect and professionalism.

Discipline vs. retaliation

There are undoubtedly situations where employers need to discipline a worker for various reasons related to their conduct. If this is necessary, leaders must prepare evidence supporting their actions against the employee in question. Companies must also provide considerable information regarding their disciplinary policies so employees can more easily identify if their treatment is retaliatory.

According to U.S. Equal Employment Opportunity Commission, retaliatory behavior can take on many looks including threats, unfair reprimands, biased performance reviews, verbal or physical abuse and demotion. Spreading rumors and acting with increased scrutiny are also other methods of retaliation.

The need for confidentiality

Companies that prioritize developing and maintaining a private way for employees to share and address complaints may exert better control over the outcome of such situations. The Society for Human Resource Management suggests the use of an internal hotline where employees can anonymously contact an appropriate party to share their concerns without fear of retribution because of their actions. A focused approach to addressing complaints may also minimize the time it takes for leaders to develop and implement a solution to prevent the problem from worsening or affecting other employees. Additionally, companies that demonstrate their support and understanding for concerned employees may more effectively develop a culture that helps their workers to feel comfortable and respected.