Training For Preventing Retaliation Complaints

The subject of retaliation needs to be emphasized in training sufficiently for employees to be able to:

• Explain what it means to retaliate under labor law.
• How and to whom to report retaliatory behavior in regards to workplace investigations.
• Understand that the employer is sincere when stating the employer will not retaliate or tolerate retaliation against those who make complaints or provide information in investigations.

As such, all employees should be educated in regards to workplace investigations. This should include:

• How – and with whom – to register a complaint.
• The role of an investigator.
• The process of an investigation.
• Basic instructions they may receive dependent of the situation during an investigation.
• That they most likely will receive some sort of instructions to not share information in their possession or information they learn with their coworkers and even most likely with their manager as well so as to not compromise the investigation, while adhering to HIPAA privacy standards where applicable.
• Their responsibilities for reporting retaliatory behavior or suspicious behavior either directed to themselves or others both during and after an investigation.

An effective strategy to prevent retaliation is for investigators to work very closely with the Human Resources Department (HR) to include training on investigations and retaliation. This training can be included as part of human resources compliance-related training for both managers and employees. Education regarding what happens during an investigation can also simplify investigations by removing much of the fear, mistrust, and reluctance to cooperate that accompanies many investigations. For an HR Generalist, the training should cover what happens during an investigation, as well as the obligations to prevent and monitor retaliatory behavior both during and after an investigation. This includes:

• The role of an investigator.
• The process of an investigation.
• Instructions employees may receive during an investigation.
• The timeframe during which to talk to employees and how to communicate that managers should not disclose to employees the reasoning for doing so.
• How to instruct employees to not to share information with their coworkers.
• How to communicate to employees that the manager cannot disclose details.
• How the manager can help the investigator be more efficient, thereby shortening the disruption of an investigation and the resultant “bruising“ of their employee's interactions with coworkers.
• Management responsibilities for preventing, monitoring, taking action, and reporting retaliatory behavior both during, and after, an investigation.

As part of this training, managers also need to learn intervention strategies and effective methods for immediately stopping the suspected retaliatory situation both during and after investigations. All management personnel need to be aware that all instances of retaliatory behavior, however slight or suspicious, need to be reported immediately to the designated person. They also need to be aware that they are prohibited from attempting to dissuade employees from communicating their concerns of retaliatory behavior to the proper reporting personnel under employment law. Certain managers may also need to know of their specific investigative responsibilities. For example, managers in decentralized locations who may take initial complaints need to be trained regarding how to report the complaint: what form to use, questions to ask, what evidence to collect, and what other information that must be gathered or acted upon.