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What Protections Exist For Employees Who Report Misconduct in the Workplace?

Exist For Employees Who Report Misconduct in the Workplace

Misconduct in the workplace can be dangerous for employees and damaging to the company. While it is not something to be taken lightly, there are a number of ways in which companies can prevent and address misconduct before it becomes an issue. This includes establishing clear policies, conducting employee training, and encouraging employees to report misconduct. However, even with the best prevention strategies in place, some employees may still face retaliation for reporting a violation of company policy or refusing to engage in unlawful conduct. The National Employment Law Project recently published a survey that showed a shocking number of employees who witnessed misconduct did not step forward because of fear of retaliation.

The report found constructive dismissal that nearly half of the respondents who observed misconduct did not report it to management. Of those who did not, the most common reasons given were that the person thought it was a one-time occurrence and that someone else would report it. This indicates that many managers are not taking reported misconduct seriously and that they may not be addressing the root causes of the problem.

This is particularly concerning because misconduct in the workplace can have far-reaching and unforeseen consequences, especially for minorities and women. In fact, a new report shows that the majority of sexual harassment and other serious workplace incidents go unreported because of a culture of silence, and the perception that retaliation for speaking up will be severe.

What Protections Exist For Employees Who Report Misconduct in the Workplace?

When retaliation does occur, it can take the form of a demotion, a change in work duties, or even termination. The vast majority of workers who experience retaliation are not protected by federal or state laws. This is despite the rise of social justice movements such as the Fight for $15 and #MeToo, which rely on workers who speak up to assert their rights. A new survey by NELP shows that the vast majority of states do not provide workers with critical retaliation protections.

Employers must clearly communicate their company’s code of conduct constructive dismissal lawyer near me, establish procedures for reporting incidents of misconduct, and execute these policies in a timely manner. This can include announcing the complaint-reporting process to all new hires and ensuring that it is easy to find and understand. Additionally, managers should reinforce to employees their obligation to come forward with any suspected misconduct and their assurance that they will be protected and remunerated for doing so.

While some types of misconduct are more grave than others, all companies must take the time to develop effective policies and implement those in a timely manner. Ultimately, this will help to create a safe and respectful workplace that is in everyone’s best interest. If you believe that your employer is retaliating against you for exercising your rights or reporting misconduct, it is important to document all relevant information including the dates of the alleged retaliation. The more evidence that you have to support your claim, the better your chances of winning your case in court.


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