Retaliation Claims Haunt Risk Managers

How can risk managers avoid claims of retaliation by employees making workplace complaints and grievances?

A software development company in Florida–XYZ Inc.–has had recurring problems with an employee who assumes the role of “jailhouse lawyer” on behalf of herself and colleagues who have expressed grievances about general workplace policies and personnel decisions.

The employee, Ms. Jones, is viewed by her supervisors as a marginal worker, in that she has been counseled from time to time on her performance deficiencies. After each of the sessions, the performance of Ms. Jones generally improves, but then deteriorates after a month or so, and there is no sustained improvement over time.

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