Minimizing the Risk of
Retaliation Claims from Employees
What practices could minimize the
risk of retaliation claims?

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Minimizing the Risk of Retaliation Claims from Employees - Intervew: Jean-Paul Durand, Tech Data Corporation - Chief Litigation Officer Summit

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Jean-Paul Durand who is the Vice President and Assistant General Counsel at Tech Data Corporation and a speaker at the marcus evans Chief Litigation Officer Summit Spring 2014, gives his feedback on what CLOs need to do to minimize the risk of retaliation claims from employees.

Join the 2015 Summit along with top Chief Litigation Officers and service providers in an intimate environment for a focused discussion of key new drivers shaping the legal industry today.
For more information: emailus@marcusevans.com


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Minimizing the Risk of Retaliation Claims from Employees - Intervew: Jean-Paul Durand, Tech Data Corporation - Chief Litigation Officer Summit

  1. 1. Minimizing the Risk of Retaliation Claims from Employees What practices could minimize the risk of retaliation claims? Interview with: Jean-Paul Durand, Vice President and Assistant General Counsel, Tech Data Corporation “Chief Litigation Officers (CLOs) need to safeguard their organization from the risk of retaliation claims,” says JeanPaul Durand, Vice President and Assistant General Counsel, Tech Data Corporation. Organizations must ensure that the ethics and compliance program and reporting mechanisms are not improperly leveraged by employees with serious performance issues. “Treating people fairly and consistently will actually help minimize the number of employee claims,” according to Durand. Durand will be taking part in a panel discussion at the marcus evans Chief Litigation Officer Summit Spring 2014, in Las Vegas, Nevada, March 20-22. What is challenging CLOs today? Organizations are trying to convince employees that it is safe to report misconduct and violations of the law, when the reality is there is always a very real risk of retaliation. Whistleblowers could be involved in the underlying misconduct in some way and may also be individuals with serious performance issues. The challenge is in making sure the ethics and compliance program and the reporting mechanisms are not improperly leveraged by employees with serious performance issues, or are otherwise acting in bad faith. When there are concerns of retaliation, we may require all disciplinary matters to be run by the legal department and the ethics and compliance organization for a period of time after the event, to ensure actions are not retaliatory in nature and done in good faith, rather than done to identify and retaliate against the individual who reported the matter. Companies want misconduct to be reported internally, and not to a governmental authority before they have the opportunity to address the issue. What is key to a successful compliance and reporting program? Management must reassure employees that when a concern is reported in good faith they will be treated with respect and integrity, and most importantly, taken seriously. What deters employees the most is when they think nothing will be done when it took a lot of courage to raise the issue. There must be various outlets for reporting concerns in a confidential and if needed, in an anonymous manner. How should managers inform employees what tools are available? Is there a risk of this backfiring on them? Managers must constantly communicate to employees the availability of reporting tools, so they know they are not coming strictly from the legal or compliance teams. They need to send the message out that they are comfortable with employees reporting concerns. Managers have to engage with employees to better understand what keeps them up at night. For a holistic perspective of litigation and compliance risks, CLOs need feedback from the front line and middle management. Then they should leverage that information to improve practices, policies and people, otherwise they would be making a pretty big mistake in overlooking a key company resource. To avoid ambiguities and misunderstandings, there must be clear lines of communication. One of the main reasons why employees file retaliation claims is because they feel they are not being heard. There should be an open door policy to the extent that it is not employees reaching out to the CLO, but the CLO reaching out to them and inviting them in. What deters employees the most is when they think nothing will be done
  2. 2. The Legal Network - marcus evans Summits group delivers peer-to-peer information strategic matters, trends and on professional breakthrough innovations. About the Chief Litigation Officer Summit Spring 2014 This unique forum will take place at the Red Rock Resort & Spa, Las Vegas, Nevada, March 20-22, 2014. Offering much more than any conference, exhibition or trade show, this exclusive meeting will bring together esteemed industry thought leaders and solution providers to a highly focused and interactive networking event. The Summit includes presentations on managing the escalating costs of litigation, best practices in litigation avoidance and creating valuable partnerships and synergy with your outside counsel. www.chieflitigationofficersummit.com Please note that the Summit is a closed number business of event participants and the strictly limited. Contact Sarin Kouyoumdjian-Gurunlian, Press Manager, marcus evans, Summits Division Tel: Email: + 357 22 849 313 press@marcusevanscy.com For more information please send an email to info@marcusevanscy.com All rights reserved. The above content may be republished or reproduced. Kindly inform us by sending an email to press@marcusevanscy.com About marcus evans Summits marcus evans Summits are high level business forums for the world’s leading decision-makers to meet, learn and discuss strategies and solutions. Held at exclusive locations around the world, these events provide attendees with a unique opportunity to individually tailor their schedules of keynote presentations, case studies, roundtables and one-on-one business meetings. For more information, please visit: www.marcusevans.com Upcoming Events European Corporate Counsel Summit - www.eccsummit.com IP Law European Summit - www.iplawsummiteurope.com IP Law Summit - www.iplawsummit.com To view the web version of this interview, please click here: www.chieflitigationofficersummit.com/Jean-PaulDurand

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