Meeting Archive:
Addressing Employee Complaints: Retaliation Claims & Notices of Alleged Hazards

Meeting Description:

Addressing Employee Complaints: Retaliation Claims & Notices of Alleged Hazards

Tuesday, October 17, 2017 at 1 PM ET

Presented by Kara M. Maciel, Amanda Walker and Dan C. Deacon

Whistleblower complaints have been on the rise, and the Equal Employment Opportunity Commission receives more charges of retaliation than any other type of claim for the statutes they regulate, including Title VII discrimination. Likewise, OSHA evaluates thousands of complaints each year from employees (and recent former employees) about alleged safety hazards, which can lead to on-site enforcement inspections, as well as complaints about retaliationi for engaging in a protected safety act, protected by Sec. 11(c) of the OSH Act.

It is essential for employers to develop, maintain, and evaluate their employee complaint policy and procedure to foster a supportive work environment and address employee issues before they turn into a regulatory issue or the basis for litigation.  As part of this complaint policy, employers must also ensure their management representatives understand how to effectively interact with a complaining employee after a grievance has been communicated, including dealing with performance issues in a manner that makes clear any adverse employment action is distinct from the employee’s complaint. Similarly, employers need a thoughful strategy for responding to OSHA Notices of Alleged Hazard (aka "phone and fax" employee complaintn letters) to successfully stave off on-site inspections by OSHA.

Participants in this webinar will learn the following:

  • Laws and regulations impacted by employee complaints and complaint procedures
  • What an employee complaint procedure should include and how it should be communicated to employees
  • Effective investigation of employee complaints and how to share investigation results
  • Strategies to ensure supervisors effectively manage employees who have lodged complaints
  • What to include in response to OSHA notices of Alleged Hazard
Date: Tue, Oct 17, 2017
Time: 01:00 PM EDT
Duration: 1 hour 15 minutes
Host(s): Kara M. Maciel, Amanda Walker and Dan C. Deacon
 Presenter Information
Kara M. Maciel
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Kara M. Maciel is a founding partner of Conn Maciel Carey and Chair of the firm’s national Labor • Employment Practice Group. She focuses her practice on representing employers in all aspects of the employment relationship.

Ms. Maciel works to create workplace solutions for her clients across all industries. She defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. She advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. Ms. Maciel counsels employers on how to develop lawful strategies to comply with the Affordable Care Act (ACA).

For more information about our Labor & Employment Practice Group, visit the Labor & Employment Practice page on our website.  Also, check out our Employer Defense Report blog.

Amanda Walker
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Amanda R. Strainis-Walker is a partner with Conn Maciel Carey LLP. Based out of Conn Maciel Carey's Atlanta, GA office, Amanda focuses on occupational safety and health (OSHA) law. Prior to private practice, she was a Presidential Appointee at the U.S. Department of Labor as a Special Assistant to the Assistant Secretary of Labor for OSHA, and then as an attorney in the Office of the U.S. Solicitor of Labor, where she advised her clients, OSHA and MSHA, on a diverse range of legal and regulatory issues.

For more information about our OSHA Practice Group, visit the OSHA Practice page on our website.  Also, check out our OSHA Defense Report blog.



Dan C. Deacon
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Daniel C. Deacon is an Associate in the Washington, DC office of Conn Maciel Carey LLP, working in both the Labor and Employment and OSHA • Workplace Safety Practice Group.  Dan's practice focuses on all aspects of occupational safety & health law and labor and employment law.  He represents employers in inspections, investigations and enforcement actions involving OSHA and other state and local safety related agencies.