Retaliation claims are the most commonly filed type of workplace charge in the U.S. In fact, retaliation was cited in nearly half (47.8%) of all charges filed with the EEOC in 2024. They’re also more likely than most to result in a settlement or loss for the employer, whether or not the underlying grievance has merit or not. Any claim of retaliation can potentially leave an employer legally and reputationally exposed if they fail to follow consistent, transparent procedures.
It would be easy to presume such cases involve overt retaliation like terminations or demotions made in anger. In practice, though, even well-intentioned actions can easily be misinterpreted. An emotionally charged process such as an employee grievance represents a high risk level for such miscommunications. If your organization doesn’t already have a structured response plan and documentation tools in place, you may find yourself defending more than the grievance itself.
What Counts as Retaliation?
Federal law protects employees from adverse action after they engage in a protected activity, such as filing a complaint, reporting discrimination, or participating in an investigation. Retaliation claims often arise when employers:
- Suspend the complainant instead of the accused
- Reassign duties in a way that appears punitive
- Change schedules or remove responsibilities without justification
- Delay the grievance response or fail to follow internal procedures
Sometimes these decisions are made to protect the employee or de-escalate conflict. However, in the absence of clear documentation and context, they may be perceived as punishment. Many employers field retaliation claims even when their intentions were protective and not punitive.
Perception Still Matters
A retaliation claim doesn’t require hard proof of malicious intent. Many claims are based on actions, in the eyes of the employee, that felt like or appeared to be retaliation. This underlines the importance of documentation; actions the employer took “for the employee’s own good” can still create legal exposure.
For example, an HR team might separate a complainant and the accused to avoid further conflict. If the complainant is the one transferred (or has their hours reduced, or is no longer given key assignments, etc.), the optics can imply retaliation although it was actually meant as a protective measure.
To reduce this risk, employee relations professionals need to carefully weigh both the practical impact of their actions and how those actions will be perceived and documented in the case file.
Best Practices to Prevent Retaliation Claims
You can likely reduce your overall retaliation risk levels without a complete overhaul of your entire grievance process. A focus on building consistency, neutrality, and transparency into your existing framework is a great start. Here’s how:
Use neutral investigators |
Assign grievance reviews and investigations to HR professionals or third parties with no direct involvement in the matter. This helps remove bias and increases the credibility of the process. |
Document every decision |
Record all actions taken throughout the grievance lifecycle (meetings, evidence gathered, changes in schedules or job duties). Include the rationale behind each decision. If it directly impacts the complainant, take special care to be detailed and specific. |
Keep communication consistent |
Respond to complaints with professionalism and timely follow-up. Avoid abrupt changes in tone, policy, or treatment once a grievance has been filed. |
Train managers on risk awareness |
Supervisors and department heads should understand how retaliation claims arise and know what kinds of actions could be misinterpreted. |
Centralize your case files |
Don’t spread your documentation across disconnected emails, spreadsheets, or other formats of local HR files. Use a unified system that tracks activity by case and protects sensitive records from unauthorized access. |
The Case for Case Management
The more organized and transparent your investigation process is, the less exposed you’ll be when tensions rise. LaborSoft gives HR teams a secure, role-based system for managing employee grievance cases from intake through resolution. Your team can use automatic date tracking, customizable alerts, configurable workflows, built-in audit trails, and more intuitive features to demonstrate consistency across every case.
No HR professional should be left to learn how to handle employee grievances under scrutiny or pressure. Keep the whole team aligned with your organization’s stated grievance policy and prevent common procedural missteps that would expose your organization to more than the original complaint.
Book a LaborSoft demo today to better protect your team and your case outcomes!
