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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.