After a complaint is made by an employee about a workplace violation of the law everybody rushes to investigate. During the ensuing investigation the complainer's performance becomes investigated, too. The complainer's flaws can grow out of proportion and, the employer may be tempted to correct the flaws and discipline the employee. Suddenly, there is another lawsuit on the table.

Plaintiff's attorneys call these situations "twofers," a two-for-one lawsuit. One lawsuit which may be for discrimination can grow to an additional claim of retaliation. There are simple steps to follow to protect the workplace from retaliation lawsuits. They are:

• Be prepared. A procedure for dealing with employee complaints should be in place. All employees should be educated on it.
• Breath deep, don't react. This is an opportunity to correct mistakes and avoid liability.
• Return to your corners. Keep the complainer and complainant separated during the investigation. Make sure the person complained about knows the company's policy about retaliatory conduct.
• Avoid the microscope effect. Keep the investigation centered on the facts and leave the employee's performance issues to be discussed at another time.
• Don't create a "twofer." Retaliation complaints involve disparate treatment. Don't treat the complainer differently than others.
• Don't spread it around. The investigation should be kept-low key and confidential.
• Don't be a jerk. The investigation, the resolution and future workplace behavior must be civil and professional.