Retaliation in the Workplace

Confucius, once said, “Before you embark on a journey of revenge, dig two graves.” In a better world, such words of wisdom would cause at very least a moment of reflection, but alas today’s modern society abounds with stories of revenge and retaliation gone awry.

When it comes to retaliation in the workplace, it’s important for employers and managers to remember that prevention is much preferred to the bitter pill of litigation. That’s because, historically speaking, it’s typically the company that ends up taking the blame in retaliation suits. In fact, recent studies indicate that an employee who files a retaliation lawsuit is more likely to prevail at trial and recover significant damages than an employee filing a typical discrimination claim.

What makes retaliation claims so much different? One theory would indicate that jurors, while slow to believe that managers are racist or sexist, are much more likely to find those same individuals capable of seeking revenge on someone looking to hurt the company. It’s simply human nature.

And recent statistics would seem to jibe with that theory: over the past 10 years, retaliation claims filed with the Equal Employment Opportunity Commission (EEOC) have increased by 67 percent, now accounting for more than 36 percent of all charges filed with the EEOC. That’s up from 27 percent 10 years ago!

So what’s the best thing you can you do to protect yourself when an employee retaliates? An XINSURANCE policy helps alleviate the risk of being named individually in a lawsuit – especially if the claim involves sexual harassment, discrimination or assault and battery. You should seriously consider an XINSURANCE policy if you fall into any one of the following positions:

• An HR manager who evaluates or terminates employees.
• An HR manager or supervisory employee who communicates decisions to terminated employees.
• A company official who makes the defining decisions on an employee in a disputed situation.

To learn more about how XINSURANCE can keep you out of the HR graveyard, click here before it’s too late.

Authored by Rick J. Lindsey, President, Chairman, and CEO of XINSURANCE

Rick J. Lindsey hails from Salt Lake City, Utah. He began working in the mailroom of his father’s Salt Lake City insurance firm, getting his introduction to the business that became his lifelong career. Rick J. Lindsey quickly rose through the ranks while working in nearly every imaginable insurance industry job. As an entrepreneur, specialty lines underwriter, claims specialist, risk manager, and a licensed surplus lines broker, Rick J. Lindsey is highly skilled in all levels of leadership and execution. As he progressed on his career path, Rick J. Lindsey discovered an urgent need for insurers willing to write policies for high-risk individuals and businesses. He was frequently frustrated that he could not provide the liability protection these entities desperately needed to safeguard their assets. He also formed the belief that insurance companies acted too quickly to settle frivolous claims. Rick J. Lindsey decided to try a different approach. He started an insurance company and became the newly formed entity’s CEO. This opportunity has enabled Rick J. Lindsey to fill a void in the market and provide a valuable service to businesses, individuals, and insurance agents who write high-risk business. XINSURANCE also specializes in helping individuals and businesses who live a lifestyle or participate in activities that make them difficult for traditional carriers to insure. If you’ve been denied, non-renewed, or canceled coverage, don’t give up quite yet. Chances are XINSURANCE can help.