Don't Ignore the Squeaky Wheel: The Playbook for Protecting Virginia Employers from Retaliation Claims

Retaliation and whistleblower claims are on the rise in Virginia. In the past few years, Virginia law expanded the 'protected activity' that can support a retaliation claim. Rarely do we see an employment lawsuit, administrative charge, or demand letter that does not include at least one retaliation claim. When an employer mishandles a protected employee request or complaint, retaliation claims are low-hanging fruit for an experienced plaintiff's attorney. It is critical for Virginia employers to understand their legal obligations and develop policies to navigate these situations. 

This program, presented by Brendan Horgan, will discuss the current state of whistleblower and retaliation law in Virginia.  The program will cover how to identify and handle protected employee requests and complaints, conduct workplace investigations, develop policies and processes for handling protected activity, and advise on personnel decisions in the face of protected activity.  The goal of the program is to provide attorneys a playbook for advising employers how to set the table to defend a retaliation claim, or better yet, avoid the claim in the first place.

Learning Objectives: 

1. Examine Virginia and federal law on retaliation and whistleblower protection
2. Identify protected activity and discuss how to educate employers to spot it
3. Review obligations to conduct workplace investigations
4. Explore employment policy updates for handling protected activity
5. Discuss difficult personnel decisions in the face of protected activity