Best Practices When Managing an Employee Who Has Requested Leave, Sought Workplace Accommodations or Filed Any Type of Complaint
As an employer, it’s imperative that you take timely action when employees are not meeting expectations. However, when you have an underperforming employee who has engaged in some type of protected activity, you may need to pay closer attention to how your respond.
What Are the Types of Protected Activities That Can Pose Problems?
Under both state and federal laws, employees have the right to engage in certain types of activities in the workplace without fear of harassment, retaliation or work-related sanctions:
- Qualified employees have a right to request leave under the Family and Medical Leave Act
- Injured workers have the right to seek workers’ compensation benefits if they have been hurt in the course of their employment
- Disabled workers have the right to seek reasonable accommodations in the workplace
- All workers have the right to seek redress when they have been the victims of harassment or discrimination
- Workers have the right to report illegal or unethical conduct by employers
What Is the Best Approach When Managing an Employee Who Has Engaged in Protected Activity?
When managing these types of workers, it’s important that your supervisors and your human resources personnel take appropriate measures:
- For issues related to accommodation, leave or internal complaints, get your HR people involved immediately. They can make certain that everything is accurately documented and that internal procedures are followed.
- For management, including immediate supervisors, it’s critical that they treat all employees the same, regardless of the issues involved. Make certain that supervisors cite facts showing substandard performance, ideally tied to well-established metrics.
Let Stephen Hans & Associates Advise You Regarding Your Rights as an Employer After an Employee Engages in Protected Activity
At Stephen Hans & Associates, we have successfully advised and represented many New York City employers many years, helping them meet employment law requirements and protecting their rights in employment litigation. Susan Lacerte, executive director of the Queens Botanical Garden has lauded us for our “dedication, knowledge and experience” and for helping the Botanical Gardens “successfully resolve difficult legal issues with [our] talent, negotiating skills, personal care and attention.”
Our experienced attorneys are glad to answer your questions and provide legal advice. Our offices are conveniently located in Long Island City with easy access from Manhattan.