The Anatomy of a Retaliation Claim: Before, During, and After

Program Schedule

12:00 P.M. ET

  • Welcome, Introduction of Speakers, & Agenda

  • Context
    • Foundation and Structure of a Retaliation Claim
    • Key Developments in Retaliation

  • Before a Claim Arises
    • What are the initial steps to take when a complaint is on the horizon?
    • How do I manage an employee who frequently complains?
    • What is a protected complaint (e.g., when is a "gripe" protected)?

  • Question & Answer

  • During a Retaliation Claim
    • What steps should I take in the first 30 days after a complaint is filed?
    • What if the whistleblower raises a valid safety or fraud issue?
    • What if a complaint is in the disciplinary process?
    • How should I engage a witness who does not want to cooperate? How do I work with the reluctant witness?
    • How much communication is provided to complainants and witnesses?
    • How do I manage a frustrated supervisor who doesn't want to engage the employee or student?
    • How do I respond to media attention?

  • After a Retaliation Claim
    • What are the key elements of an investigatory report? 
    • What information should be provided to the complainant and the accused post-investigation?

  • Question & Answer

2:00 P.M. ET

   VIII. Concluding Remarks