The number one thing complainants and witnesses are concerned about when being interviewed for an investigation is retaliation. Understandably so. While they know company policies protect them from being fired or demoted for participating in an investigation, they also know it can be difficult to prove more subtle forms of retaliation. In fact, they often worry they won’t even know it is happening. It is therefore incumbent on HR and management to keep an eye out for these less obvious types of retaliation post-investigation. Consider the following:
1. Exclusion. Is everyone getting invited to lunch or happy hour except the complainant or witness? Is he or she no longer invited to meetings or being left off emails? Is his or her work being given to someone else?
2. Undermining. Has the subject of an investigation started bad mouthing or spreading rumors about the complainant or the witness, particularly with respect to his or her performance or competence?
3. Setting employee up for failure. Has the complainant or witness suddenly been given an ambitious project outside his or her normal scope, with a tight deadline, and/or without necessary resources?
4. Poor performance appraisal. Has the complainant or witness received a lower than normal performance rating? Does the appraisal use vague language, such as “not a team player” or “poor communication skills” without solid examples? Does the appraisal rely on minor infractions for which no one else is held accountable?
5. Lower pay increase or bonus. Has the complainant or witness received a lower than normal pay increase or annual bonus as compared to his or her peers or own past record?
If the answer to any of these questions is yes, the situation warrants follow-up, particularly if it occurs within a year of the investigation.
Successful investigations depend on the willingness of complainants to come forward and on witness to fully and truthfully cooperate. In order for this to happen, they must have some level of comfort that they won’t be subjected to any form of retaliation, even the less-than-obvious kind.