Mitchell Pollack & Associates PLLC
Your Solution Starts With A Phone Call

How can employers protect against retaliation claims?

Certain statutes and regulations have been passed to ensure employees feel safe. This goes beyond safe from injuries and fatal accidents. Because employees should feel comfortable to speak up, whistleblower rights were developed.

This means that employees should feel comfortable to file a claim or report something going on in the workplace without the fear of being retaliated against. This includes actions such as firing, laying off, blacklisting, demoting, denying overtime or a promotion, disciplining, denial of benefits, failure to hire or rehire, intimidation, harassment, making threats, reassignment that affects the prospects of a promotion or reducing pay or hours. But what if an employer was carrying out actions that were already set in place or there are valid reasons for these acts? An employer should not fear having actions taken against them.

Because of this employers may have to consider defense actions. This means taking steps to collect documentation, gather information and even conduct an investigation to further explore the matter. There are actions and steps that employers can take. This is known as an anti-retaliation program. There are five elements in this program.

The first element is management leadership, commitment and accountability. This is followed by developing a system for listening to and resolving employee's safety and compliance concerns. The third element is to design a system for receiving and responding to reports of retaliation. Next, employers should provide anti-retaliation training for employees and managers. Finally, employers should initiate a program for oversight.

By implementing these elements in the work environment, employers are better prepared to reduce the chances for retaliation actions or have a plan in place to address one if they occur. Whistleblowing is possible in any work environment; therefore it is important to understand how to address this problem or retaliation claims that could arise in the matter.

Source:, "Recommended Practices for Anti-Retaliation Programs," accessed April 15, 2018

No Comments

Leave a comment
Comment Information
Email Us For A Response

Ready To Resolve Your Legal Issues

You have a business to run. The team at Mitchell Pollack & Associates is ready to tackle your legal needs so you can focus on your responsibilities. Call 866-400-7388 or use our online contact form to schedule a meeting.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Tarrytown Office
150 White Plains Road
Suite 310
Tarrytown, NY 10591

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 914-332-9191
Map & Directions

Mahwah Office
220 Franklin Turnpike
Mahwah, NJ 07430

Toll Free: 866-400-7388
Phone: 914-610-3418
Fax: 201-529-4400
Map & Directions