John W. Prager, Jr.
General Counsel
1. Prepare a Non-Retaliation Policy for the E & C
Program
2. Prominently place the policy in company’s Code
of Conduct and Hotline Info
3. Publicize the policy in spots such as the
company’s intranet and newsletters
4. Post the policy on employee and/or company
bulletin boards
a. in company office locations
b. in jobsite trailers
1. Distribute the policy to all employees at time of
hire or placement
2. Discuss the policy and the company’s
commitment to it with the employees
a. often and openly
b. during orientation, and/or safety
meetings
1. Take action required quickly when retaliation is
provable
2. Ensure workforce understands when/why
Company takes such action
3. Monitor alleged victim’s circumstances
1. Note the specific provisions
2. Note infractions and examples that have occurred
3. Identify legal liabilities – personal and company –
which can be the result
4. Identify effect on profitability from atmosphere
free of retaliation
1. Employees must trust that management believes that
retaliation is wrong
2. Discuss the specifics of company’s policy on non-retaliation
with employees and with union representatives (where
applicable)
3. Stress that supervisory and management retaliation against
reporter of misconduct is the wrong thing to do
4. Stress that co-worker vs employee retaliation is likewise
wrong
5. Ensure that Board and CEO clearly communicate their
expectations of non-retaliation to employees and
supervisors
1. Selection for lay-off and/or failure to recall from layoff
2. Non-selection for OT and/or lucrative job assignments or
benefits
3. Negative performance evaluation remarks
4. Demotion, lack of promotion, and unfounded discipline /
discharge
5. Isolating employee and other adverse changes to work
environment
6. Social event shunning by co-workers or management
7. Harassment and/or bullying by co-workers or management
1. Include the methods and people within the
company to receive reports
2. List of public agencies which can receive reports
and act on them
3. Note that reporting, investigations and outcomes
will be kept “confidential to the extent
practicable”
1. Making working conditions intolerable can be
actionable
2. Basic test – a reasonable person would quit
rather than endure
3. Court gets to sink teeth into and opine as to
the legitimacy of supervisory actions
4. Concerns over insurability of intentional conduct