Employers often struggle with how to discipline an employee who has engaged in misconduct but who has also filed a complaint, such as a harassment or discrimination charge, without setting themselves up for a retaliation claim.
An HR professional who is unaware of the complaint could investigate the employee’s performance before the manager disciplines the worker to reduce the chances of a retaliation claim, recommended Daniel Kaufman, an attorney with Michael Best & Friedrich in Chicago. “Then if discipline is imposed, the company is able to say that someone who was not aware of the claim reviewed the misconduct,” he said.
