Well, it really depends on the type of retaliation, and the workplace. Is it in-person or remote? What industry? The team makeup? Is it a job you work independently (ex. Sales, Security) or in a group? Does this employee interact with internal or external customers?
I'm offering some broad suggestions, but it'll help if you're more specific about the scenario.
When it comes to "he said, she said", HR can carry out investigations with employees involved or those who witnessed the incident. (Or as someone else below mentioned, they would have to depose individuals.)
If the organization has an HR performance system, that "anonymously" surveys employees and managers about their health and wellbeing, you may be able to dig up data. Because these systems aren't actually anonymous. Recorded trends could hint at tension in the workplace. Or pair this with other data below.
If the workplace is an office environment and you really needed to dig in, someone could request records from IT... It's surprising how many people feel like chat messages and emails are not monitored or stored. They can be stored and recalled indefinitely. Often, when an employee leaves, the email account is transferred to the manager.
If, for whatever reason the workplace has cameras, check whereabouts and interactions via security footage. Having time stamped footage, along with a detailed record of your day (which I mention below) can form the big picture of things occuring in the workplace.
On the other hand, if retaliation is assigning an unmanageable amount of work, the employee can easily do a data audit as to how much work or the difficulty of work that has been unfairly assigned. Similarly, ask their colleagues if they feel work is fairly balanced. The employee needs to keep accurate hourly records of where they were during the day, what she did every hour, at what quantity, who she talked with about what, etc. (Basically the diary/journal mentioned by someone below, still be added to other information/data above if possible).
If an employer is constantly and unfairly denying a employee medical appointments, or work from home days, that employee ought to make those requests in writing. Even if the employer responds in person, the employee should follow up in a written response.
Honestly, if it were me, I would avoid being alone with the retaliator(s) in private. When possible, work meetings should include someone else--it could be a colleague that covers for you, a department manager or employee that is linked to your department, or an internal customer (i.e. you provide services to the users/employees of the company).
Always find a way to have someone else present in person. If you can include another party, you will have a reason to send a follow-up email to all about what was said.
Either that or find a way to have written conversations, or if they insist on video calls, there is software to record the screen.
Then there's the PIP. Has the employee received a performance document? Being in writing, the employee can respond and deny in writing, possibly surfacing retaliatory remarks.
Overall, I am assuming that conversations, thus far, have happened in private. I would tell your client to make it clear with the retaliator that she feels uncomfortable with how conversations have taken place, and she would prefer to have them outline exactly what they want her to do, or where she needs to improve, IN WRITING, so everyone is on the same page with expectations.
Right now your client is faced with 'if it's not in writing, it didn't happen/it wasn't requested' so your client needs to be adamant in having written instruction to encourage shared accountability.
Share your insight
Join an authentic community that helps women support each other at work. Share your professional experience or ask for advice — you can even post anonymously.
6 Comments
Join the conversation