Q: Handling employee retaliation claims against assistant manager.
I am seeking advice on handling a situation where an employee believes she was retaliated against by the assistant manager. The employee was asked to work overtime on her day off and declined. Subsequently, her hours were cut drastically. She has been with us for nearly a year and has consistently performed well. The assistant manager, who has previous complaints against him from other female employees, promised to adjust his behavior but followed with another schedule that reduced her hours. The employee has reported this to HR, and there were witnesses to the interactions. She is currently at home ill due to stress from the situation and has been unable to attend a follow-up meeting. How should we proceed to address and resolve this issue?
A:
This situation needs to be taken seriously, especially since the employee is experiencing stress-related illness and there’s a known history of complaints against the assistant manager. Start by documenting everything thoroughly—including past complaints, recent schedule changes, and witness statements from the interactions in question. The fact that she declined overtime and was then scheduled fewer hours could strongly suggest retaliation, especially when her performance has otherwise been solid.
Since the employee has already contacted HR, it’s important that HR proceeds with an impartial investigation, even while she is recovering. Reach out to her respectfully, offering to reschedule the follow-up meeting when she’s ready or to conduct it remotely if that’s easier. Meanwhile, it may be necessary to place the assistant manager on temporary leave or reassign him while the investigation is ongoing to prevent further issues.
Most of all, reassure the employee that her concerns are being taken seriously and that she will not face retaliation for speaking up. This isn’t just about addressing her current situation—it’s also about creating a safer, more respectful workplace moving forward. How this is handled now will send a strong message to everyone involved.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.