fear of retaliation

luvsails

If an employee fears that a meeting with their supervisor or manager may result in disciplinary action, and they request another employee to accompany them to the meeting but this employee and others refuse for fear of retaliation by the manager/supervisor, what can be done?
How long does an employee have to file suit in this kind of situation?

Parabeagle

First, it sounds as though you need to reiterate your policy against retaliation, because obviously your folks are apparently frightened to participate in this meeting. Frankly, if the employee can't get a representative to sit with him/her during the meeting, I think he's up a creek. I'm not aware of anything that says the employer is obligated to postpone the meeting until the individual can find an employee representative to sit in on the session. But just from the tone of your post, I would STRENUOUSLY recommend that you make your policies against harassment and retaliation known (especially to your supervisors).

njjel

Your employees should also know that they are protected by the law and if retaliation IS brought forth, they can sue the company (and probably win)!

Whatever

Since part of company policy should include a statement about whistleblowers, I would be very concerned that more than one employee is afraid to step forward. This situation requires a serious investigation to determine how to rectify the situation.

Rockie

If this meeting is an investigatory type meeting, the employee has rights through the Weingarten Act. But..if it for disciplinary purposes, the employer does not have to allow an employee representative at the meeting. If you are exercising the Weingarten Act, I would strongly suggest that supervisors/managers have some education in retaliation and how it could personally affect them if they deny employees these rights. If you can't find an employee who will serve as your witness, I am not sure that you have any other option but to go into the meeting. As far as the timeline for filing a lawsuit, you will need to consult with an attorney. You might also want to ask about the rights of the employee if they can't get an employee-witness to sit with them.