InterObservers.

Difficult conversations with employees: script template

Reviewed Oct 2, 2026 Federal charge data and federal and state laws quoted from official sources How we verify

Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use

This free tool turns difficult conversations with employees into a written script in three steps: the situation, what you will say, and a retaliation risk check. Download it as a Word (.docx) or PDF file, free and with no sign-up.

Retaliation was alleged in 54,350 of the 88,201 charges filed with the EEOC in fiscal year 2025 (61.6%), more than any other basis (EEOC Table E1a, checked Sep 29, 2026).

Build your conversation script

The situation
What is the conversation about?
Where are you in the process?
What you will say
What happened, when, and what you saw or heard yourself. Facts, not labels.
One clear, observable standard.
Training, a clearer schedule, a check-in, a quiet place to talk. Only what you can deliver.
Retaliation risk check

Before this meeting, did the employee do any of these things? Tick every one that applies. Each item names the federal laws behind it; the link shows their words further down this page.

Title VII, ADA, PWFA, ADEA, GINA What the law says

Title VII, ADA, ADEA, FLSA, Equal Pay Act, FMLA, PWFA, GINA What the law says

ADA What the law says

PWFA What the law says

FMLA What the law says

FLSA, Equal Pay Act What the law says

OSH Act What the law says

NLRA What the law says

Title VII, NLRA What the law says

NLRA What the law says

Choose the state in the first step to see the charge numbers and the state rules for it.

Tick the box to turn on the download buttons. The template text stays free to read. See the terms of use.

Each file carries this notice in its footer: “Template for general information only. Not a substitute for the advice of an attorney. Laws vary by state and change; check the official sources at interobservers.com/desk/methodology/.” For names with non-Latin characters, use .docx.

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The full script template

This is the whole script as it downloads, with your fields in [brackets]. The lines marked as the topic, the stage, why it matters and the question change with your choices in step 1; the two tables below give every version.

Conversation script: [Topic]

Employee: [Employee first name]. Manager: [Your name]. Meeting: [Meeting date].

Before the meeting

  • Book a private room and enough time. Do not hold this conversation in front of other people.
  • Have your notes with you: what happened, when, and who saw it.
  • Decide the one standard you want the employee to meet from now on.
  • Decide what support you can offer, and check that you can deliver it.

Open the conversation

[Employee first name], thank you for making time. I want to talk with you about [What the conversation is about].

[Sentence for this stage]

Describe what you saw

Here is what I have seen:

  • [First specific example]
  • [Second example]
  • [Third example]

[Why it matters]

Listen

I would like to hear your side. What is going on from your point of view?

[Question for the employee]

[Stop talking and listen. If the employee mentions a health condition, a disability, a pregnancy, a religious practice or a complaint they have made, do not argue the point: note it, and follow your accommodation or complaint process before any decision.]

Agree on what happens next

From now on, this is what I need: [The standard you expect from now on]

To help with that, here is what I can offer: [Support you can offer]

Is that clear? Is there anything that would stop you from doing this?

Close the meeting

[What happens next]

Let's meet again on [Follow-up meeting date] to see how it is going.

Thank you for listening. Is there anything else you want to tell me?

After the meeting

  • Write down the same day what you said, what the employee said, and what you agreed.
  • Keep the note with the date and your name, and give the employee a copy if your policy says so.
  • Put the follow-up date in your calendar, and keep it.
TopicWhat the conversation is aboutWhy it mattersQuestion for the employee
Performancethe quality of some of your recent workWhen work has to be redone, it delays the team and the people who depend on it.Is anything getting in the way, such as unclear instructions, missing tools or too much at once?
Attendance or latenessyour start times and attendanceWhen a shift starts late, other people have to cover, and the schedule stops working for everyone.Is something making it hard to be here on time, such as transport or a change at home?
Attitude or behaviorsome things I have seen and heard in the last few weeksThe way we speak to each other affects how the whole team works, and how customers see us.How do you see those moments? Is something frustrating you at work?
Conduct toward coworkershow you have been working with some of your coworkersEveryone here needs to be able to work together with respect, even when they disagree.Is there something going on between you and the team that I should know about?
Hygiene or dresssomething personal, and I am raising it privately because I respect you: personal hygiene at workIt has been noticeable to others over several days, and I would rather you hear it from me, kindly and in private.Is there anything you want me to know, or anything we can help with?
A policy violationa company policy and what happened recentlyThe policy applies to everyone in the same way, and I need it to be followed.Were you aware of the policy? Is anything about it unclear?
StageSentence for this stageWhat happens next
First conversationThis is not a warning. I want to understand what is going on and agree on what happens next.I will keep a short note that we talked today and what we agreed.
After a verbal warningWe talked about this before, when I gave you a verbal warning. It has happened again, so I want to go through it with you.I will document this conversation. If it continues, the next step is a written warning.
After a written warningYou received a written warning about this, and it has continued. This is a serious conversation.I will document this meeting. If it continues, the next step may be further discipline under our policy, up to and including termination.

How to use this script

  1. Choose the topic and the stage, so the script uses the right opening and the right next step.
  2. Write each example as a fact you saw or can show: what happened and when. Leave out labels such as "lazy" or "rude".
  3. Write one standard the employee can meet and you can check.
  4. Answer the retaliation risk check honestly. It is general information about federal law, not a verdict on your situation.
  5. Read the script out loud once before the meeting, then download it and keep it with your notes.

Variations and filled examples by topic

What to say and what to avoid for each topic, then complete scripts with fictional names and facts. Replace every detail with your own.

Performance: what to say and what to avoid

Use it when the work itself misses the standard: quality, accuracy, deadlines or output.

Avoid: Avoid comparing the employee with a named coworker, and avoid talking about effort you cannot see. Talk about the work you can show.

Attendance or lateness: what to say and what to avoid

Use it for late arrivals, early departures, long breaks or absences without notice.

Avoid: If the employee says an absence was for their own illness, a family member's care or a pregnancy, stop and check your leave and accommodation rules before you count it against them.

Attitude or behavior: what to say and what to avoid

Use it for behavior you can describe: tone, words, eye-rolling, refusing tasks, walking out of meetings.

Avoid: "Bad attitude" is a label, not a fact. Describe what the person said or did. A refusal to follow a direct instruction is a different issue: see the page on insubordination. What counts as insubordination.

Conduct toward coworkers: what to say and what to avoid

Use it for rudeness, shouting, gossip or not cooperating with the team.

Avoid: If a coworker's complaint is about harassment or discrimination, this script is not enough: follow your complaint and investigation process first, and do not share who complained.

Hygiene or dress: what to say and what to avoid

Use it for body odor, grooming, clothing or uniform issues that affect the job, customers or coworkers.

Avoid: Do not guess at a cause and do not joke about it. Hold the conversation in private, keep it short and kind, and do not tell coworkers. If the employee mentions a medical condition or a religious practice, treat it as a possible accommodation request and follow your process.

A policy violation: what to say and what to avoid

Use it when a written rule was broken: safety, security, phone use, dress code, breaks.

Avoid: Check that the policy is written, that the employee received it, and that it is applied to everyone in the same way before you rely on it.

Filled-in examples

Performance: a filled example

A first conversation with an account assistant whose weekly reports have gaps. The names are fictional. Stage: first conversation.

Conversation script: work performance

Employee: Jordan. Manager: Dana Ortiz. Meeting: Monday morning.

Before the meeting

  • Book a private room and enough time. Do not hold this conversation in front of other people.
  • Have your notes with you: what happened, when, and who saw it.
  • Decide the one standard you want the employee to meet from now on.
  • Decide what support you can offer, and check that you can deliver it.

Open the conversation

Jordan, thank you for making time. I want to talk with you about the quality of some of your recent work.

This is not a warning. I want to understand what is going on and agree on what happens next.

Describe what you saw

Here is what I have seen:

  • The weekly report sent on Friday was missing the sales figures for two regions.
  • The report the week before listed last month's prices for the new product line.

When work has to be redone, it delays the team and the people who depend on it.

Listen

I would like to hear your side. What is going on from your point of view?

Is anything getting in the way, such as unclear instructions, missing tools or too much at once?

[Stop talking and listen. If the employee mentions a health condition, a disability, a pregnancy, a religious practice or a complaint they have made, do not argue the point: note it, and follow your accommodation or complaint process before any decision.]

Agree on what happens next

From now on, this is what I need: Each weekly report complete, with this month's figures checked against the sales system, by noon on Friday.

To help with that, here is what I can offer: I will walk you through the new sales system on Wednesday, and you can send me the report on Thursday for a quick check for the next few weeks.

Is that clear? Is there anything that would stop you from doing this?

Close the meeting

I will keep a short note that we talked today and what we agreed.

Let's meet again on Friday in two weeks to see how it is going.

Thank you for listening. Is there anything else you want to tell me?

After the meeting

  • Write down the same day what you said, what the employee said, and what you agreed.
  • Keep the note with the date and your name, and give the employee a copy if your policy says so.
  • Put the follow-up date in your calendar, and keep it.

Attendance and lateness: a filled example

A follow-up after a verbal warning about late arrivals at a restaurant. The names are fictional. Stage: after a verbal warning.

Conversation script: attendance and punctuality

Employee: Chris. Manager: Pat Nguyen. Meeting: Tuesday before the lunch shift.

Before the meeting

  • Book a private room and enough time. Do not hold this conversation in front of other people.
  • Have your notes with you: what happened, when, and who saw it.
  • Decide the one standard you want the employee to meet from now on.
  • Decide what support you can offer, and check that you can deliver it.

Open the conversation

Chris, thank you for making time. I want to talk with you about your start times and attendance.

We talked about this before, when I gave you a verbal warning. It has happened again, so I want to go through it with you.

Describe what you saw

Here is what I have seen:

  • You clocked in after the start of your shift on Monday and on Thursday last week, and you did not call either time.
  • On Saturday you left before the end of the shift without telling the shift lead.

When a shift starts late, other people have to cover, and the schedule stops working for everyone.

Listen

I would like to hear your side. What is going on from your point of view?

Is something making it hard to be here on time, such as transport or a change at home?

[Stop talking and listen. If the employee mentions a health condition, a disability, a pregnancy, a religious practice or a complaint they have made, do not argue the point: note it, and follow your accommodation or complaint process before any decision.]

Agree on what happens next

From now on, this is what I need: Clocked in at the start of every scheduled shift, or a call to the shift lead before the start time if something happens.

To help with that, here is what I can offer: If a different start time would work better with your bus, tell me this week and I will look at the schedule.

Is that clear? Is there anything that would stop you from doing this?

Close the meeting

I will document this conversation. If it continues, the next step is a written warning.

Let's meet again on Friday next week to see how it is going.

Thank you for listening. Is there anything else you want to tell me?

After the meeting

  • Write down the same day what you said, what the employee said, and what you agreed.
  • Keep the note with the date and your name, and give the employee a copy if your policy says so.
  • Put the follow-up date in your calendar, and keep it.

Attitude and behavior: a filled example

A first conversation about behavior in team meetings at a small office. The names are fictional. Stage: first conversation.

Conversation script: behavior at work

Employee: Morgan. Manager: Lee Carter. Meeting: Wednesday afternoon.

Before the meeting

  • Book a private room and enough time. Do not hold this conversation in front of other people.
  • Have your notes with you: what happened, when, and who saw it.
  • Decide the one standard you want the employee to meet from now on.
  • Decide what support you can offer, and check that you can deliver it.

Open the conversation

Morgan, thank you for making time. I want to talk with you about some things I have seen and heard in the last few weeks.

This is not a warning. I want to understand what is going on and agree on what happens next.

Describe what you saw

Here is what I have seen:

  • In Tuesday's team meeting you said "whatever" and turned away when Sam asked you for the numbers.
  • When I asked you to update the client list on Friday, you said "not my job" and left the room.

The way we speak to each other affects how the whole team works, and how customers see us.

Listen

I would like to hear your side. What is going on from your point of view?

How do you see those moments? Is something frustrating you at work?

[Stop talking and listen. If the employee mentions a health condition, a disability, a pregnancy, a religious practice or a complaint they have made, do not argue the point: note it, and follow your accommodation or complaint process before any decision.]

Agree on what happens next

From now on, this is what I need: Answer questions from the team in meetings, and if you disagree with a task, tell me in private and we will talk it through.

To help with that, here is what I can offer: We will have a short check-in every Monday for the next month, so you can raise anything that is bothering you.

Is that clear? Is there anything that would stop you from doing this?

Close the meeting

I will keep a short note that we talked today and what we agreed.

Let's meet again on Monday in four weeks to see how it is going.

Thank you for listening. Is there anything else you want to tell me?

After the meeting

  • Write down the same day what you said, what the employee said, and what you agreed.
  • Keep the note with the date and your name, and give the employee a copy if your policy says so.
  • Put the follow-up date in your calendar, and keep it.

How to tell an employee they smell: a filled example

A first, private conversation about body odor with a front counter employee. The names are fictional. Stage: first conversation.

Conversation script: personal hygiene and appearance at work

Employee: Sam. Manager: Alex Rivera. Meeting: Thursday before the store opens.

Before the meeting

  • Book a private room and enough time. Do not hold this conversation in front of other people.
  • Have your notes with you: what happened, when, and who saw it.
  • Decide the one standard you want the employee to meet from now on.
  • Decide what support you can offer, and check that you can deliver it.

Open the conversation

Sam, thank you for making time. I want to talk with you about something personal, and I am raising it privately because I respect you: personal hygiene at work.

This is not a warning. I want to understand what is going on and agree on what happens next.

Describe what you saw

Here is what I have seen:

  • On several days last week there was a strong body odor when you were working at the front counter.
  • Two customers mentioned it to the staff on Friday.

It has been noticeable to others over several days, and I would rather you hear it from me, kindly and in private.

Listen

I would like to hear your side. What is going on from your point of view?

Is there anything you want me to know, or anything we can help with?

[Stop talking and listen. If the employee mentions a health condition, a disability, a pregnancy, a religious practice or a complaint they have made, do not argue the point: note it, and follow your accommodation or complaint process before any decision.]

Agree on what happens next

From now on, this is what I need: Come to work clean and in a fresh uniform each day.

To help with that, here is what I can offer: We can give you a second uniform so you can change mid-week, and the staff room has a shower you are welcome to use.

Is that clear? Is there anything that would stop you from doing this?

Close the meeting

I will keep a short note that we talked today and what we agreed.

Let's meet again on Thursday next week to see how it is going.

Thank you for listening. Is there anything else you want to tell me?

After the meeting

  • Write down the same day what you said, what the employee said, and what you agreed.
  • Keep the note with the date and your name, and give the employee a copy if your policy says so.
  • Put the follow-up date in your calendar, and keep it.

What federal law protects

These are the provisions behind the risk check in step 3: 22 verified records that cover 17 kinds of protected employee activity, grouped into the 10 categories of the check. Each entry quotes the law and a second source on a different government website, with the date we checked it. Where the protection comes from the enforcing agency's reading or from a regulation rather than from the words of the statute, the entry says so. The check uses only these provisions.

Opposed discrimination or harassment

  • Title VII of the Civil Rights Act of 1964, section 704(a): opposing discrimination Verified Sep 29, 2026 · 42 U.S.C. 2000e-3(a) · EEOC Enforcement Guidance on Retaliation and Related Issues

    An employer may not discriminate against an employee or applicant for employment because he or she has opposed any practice made an unlawful employment practice by Title VII.

    The exact words of the sources

    In the law's words: “It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.”

    EEOC says: “In addition to participation, an individual is protected from retaliation for opposing any practice made unlawful under the EEO laws.”

  • Americans with Disabilities Act, section 503(a): opposing discrimination Verified Sep 29, 2026 · 42 U.S.C. 12203(a) · EEOC Enforcement Guidance on Retaliation and Related Issues

    No person may discriminate against any individual because he or she has opposed any act or practice made unlawful by the ADA.

    The exact words of the sources

    In the law's words: “No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.”

    The same words of EEOC Enforcement Guidance on Retaliation and Related Issues are quoted above, under Title VII of the Civil Rights Act of 1964, section 704(a): opposing discrimination.

  • Pregnant Workers Fairness Act, section 104(f)(1) Verified Sep 29, 2026 · 42 U.S.C. 2000gg-2(f)(1) · 29 CFR 1636.5(f)(1)

    No person may discriminate against any employee because he or she has opposed any act or practice made unlawful by the PWFA or made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under it.

    The exact words of the sources

    In the law's words: “No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this chapter or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.”

    In the regulation's words: “No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by the PWFA or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the PWFA.”

  • Age Discrimination in Employment Act, section 4(d): age discrimination complaints Verified Sep 29, 2026 · 29 U.S.C. 623(d) · EEOC Enforcement Guidance on Retaliation and Related Issues

    An employer may not discriminate against an employee or applicant for employment because he or she has opposed any practice made unlawful by the ADEA, or has made a charge, testified, assisted, or participated in an investigation, proceeding, or litigation under it.

    The exact words of the sources

    In the law's words: “It shall be unlawful for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because such individual, member or applicant for membership has opposed any practice made unlawful by this section, or because such individual, member or applicant for membership has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter.”

    The same words of EEOC Enforcement Guidance on Retaliation and Related Issues are quoted above, under Title VII of the Civil Rights Act of 1964, section 704(a): opposing discrimination.

  • Genetic Information Nondiscrimination Act, section 207(f) Verified Sep 29, 2026 · 42 U.S.C. 2000ff-6(f) · EEOC: Genetic Information Discrimination

    No person may discriminate against any individual because he or she has opposed any act or practice made unlawful by GINA or made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under it.

    The exact words of the sources

    In the law's words: “No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.”

    EEOC says: “Under GINA, it is illegal to fire, demote, harass, or otherwise "retaliate" against an applicant or employee for filing a charge of discrimination, participating in a discrimination proceeding (such as a discrimination investigation or lawsuit), or otherwise opposing discrimination.”

Back to the risk check

Filed or took part in a charge, a complaint to a government agency, an investigation or a lawsuit

Back to the risk check

Asked for a disability accommodation

  • Americans with Disabilities Act, section 503(b): accommodation requests Verified Sep 29, 2026 · 42 U.S.C. 12203(b) · 29 CFR 1630.12(b) · EEOC Enforcement Guidance on Retaliation and Related Issues

    It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of a right the ADA grants. The EEOC says a request for reasonable accommodation of a disability is protected activity.

    The exact words of the sources

    In the law's words: “It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.”

    In the regulation's words: “It is unlawful to coerce, intimidate, threaten, harass or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by this part.”

    EEOC says: “A request for reasonable accommodation of a disability constitutes protected activity under the ADA, and therefore retaliation for such requests is unlawful.”

  • Americans with Disabilities Act, section 503(b): interference with ADA rights Verified Sep 29, 2026 · 42 U.S.C. 12203(b) · EEOC Enforcement Guidance on Retaliation and Related Issues

    It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of any right the ADA grants, or because he or she aided or encouraged another individual to exercise it.

    The exact words of the sources

    The same words of 42 U.S.C. 12203(b) are quoted above, under Americans with Disabilities Act, section 503(b): accommodation requests.

    EEOC says: “The ADA prohibits not just retaliation, but also "interference" with the exercise or enjoyment of ADA rights.”

Back to the risk check

Asked for a pregnancy-related accommodation

  • Pregnant Workers Fairness Act, section 103(5) Verified Sep 29, 2026 · 42 U.S.C. 2000gg-1(5) · 29 CFR 1636.5(f)(1)(ii)

    A covered entity may not take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to known limitations related to pregnancy, childbirth, or related medical conditions.

    The exact words of the sources

    In the law's words: “take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee.”

    In the regulation's words: “A request for reasonable accommodation for a known limitation under the PWFA constitutes protected activity under this paragraph (f)(1).”

  • Pregnant Workers Fairness Act, section 104(f)(2) Verified Sep 29, 2026 · 42 U.S.C. 2000gg-2(f)(2) · 29 CFR 1636.5(f)(2)

    It is unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of any right the PWFA grants or protects.

    The exact words of the sources

    In the law's words: “It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.”

    In the regulation's words: “It shall be unlawful to coerce, intimidate, threaten, harass, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the PWFA.”

Back to the risk check

Took or asked for FMLA leave, or complained about how leave was handled

Back to the risk check

Complained about pay, overtime or equal pay

Back to the risk check

Raised a safety complaint

  • Occupational Safety and Health Act, section 11(c) Verified Sep 29, 2026 · 29 U.S.C. 660(c)(1) · 29 CFR 1977.9(c)

    No person may discharge or in any manner discriminate against an employee because he or she has filed any complaint under or related to the OSH Act or exercised any right the Act affords. OSHA's regulation says a good-faith complaint to the employer about safety and health is related to the Act.

    The exact words of the sources

    In the law's words: “No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.”

    In the regulation's words: “Such complaints to employers, if made in good faith, therefore would be related to the Act, and an employee would be protected against discharge or discrimination caused by a complaint to the employer.”

Back to the risk check

Talked with coworkers about working conditions, or acted together with them

  • National Labor Relations Act, sections 7 and 8(a)(1): acting together with coworkers Verified Sep 29, 2026 · 29 U.S.C. 157 · 29 U.S.C. 158(a)(1) · EEOC Enforcement Guidance on Retaliation and Related Issues

    Employees have the right to engage in concerted activities for collective bargaining or other mutual aid or protection, and an employer may not interfere with, restrain, or coerce employees in the exercise of that right.

    The exact words of the sources

    In the law's words: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection ...”

    In the law's words: “to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 157 of this title ...”

    EEOC says: “The NLRA protects non-supervisory employees who are covered by that law from employer retaliation when they discuss their wages or working conditions with their colleagues as part of a concerted activity, even if there is no union or other formal organization involved in the effort.”

Supervisors: The NLRA's definition of employee does not include any individual employed as a supervisor, so the rights it gives employees do not extend to supervisors. 29 U.S.C. 152(3) · 29 U.S.C. 152(11) · EEOC Enforcement Guidance on Retaliation and Related Issues

Back to the risk check

Asked about pay, or discussed pay with coworkers

Supervisors: The NLRA's definition of employee does not include any individual employed as a supervisor, so the rights it gives employees do not extend to supervisors. 29 U.S.C. 152(3) · 29 U.S.C. 152(11) · EEOC Enforcement Guidance on Retaliation and Related Issues

Back to the risk check

Union activity

Supervisors: The NLRA's definition of employee does not include any individual employed as a supervisor, so the rights it gives employees do not extend to supervisors. 29 U.S.C. 152(3) · 29 U.S.C. 152(11) · EEOC Enforcement Guidance on Retaliation and Related Issues

Back to the risk check

Who these laws cover

Title VII, ADA, PWFA and GINA apply to employers with 15 or more employees (Title VII: 42 U.S.C. 2000e(b) · ADA: 42 U.S.C. 12111(5)(A) · PWFA: 42 U.S.C. 2000gg(2)(B)(i) · GINA: EEOC: Genetic Information Discrimination (employer coverage)); ADEA applies to employers with 20 or more employees (ADEA: 29 U.S.C. 630(b)); FMLA applies to employers with 50 or more employees (FMLA: 29 U.S.C. 2611(4)(A)(i)). Each law counts employees in its own way, set out in its source. The other laws in the check have their own coverage rules, and a state law can cover a smaller employer: step 3 shows the rule for your state.

Also researched for the Desk but not verified yet, so the risk check does not use it:

  • National Labor Relations Act, section 8(a)(4): not verified on the Desk yet (29 U.S.C. 158(a)(4)).

How often retaliation is alleged: EEOC and NLRB numbers

In fiscal year 2025, the EEOC received 88,201 charges. Retaliation, under all the laws the EEOC enforces, was alleged in 54,350 of them (61.6%), more than any other basis; disability came next with 36,256 (41.1%) (EEOC Table E1a). Step 3 shows the same count for the state you choose, from EEOC Table E1b.

Fiscal yearCharges filed with the EEOCCharges alleging retaliationShare
202161,33134,33256.0%
202273,48537,89851.6%
202381,05546,04756.8%
202488,53142,30147.8%
202588,20154,35061.6%

Fiscal years 2021 to 2025, EEOC Table E1a. A charge is an allegation filed with the EEOC, not a finding that retaliation happened.

EEOC says: “Data includes all charges filed under the above referenced statute, basis, or issue, as well as those filed concurrently under other statutes, bases, or issues enforced by the EEOC. Therefore, the sum of data across statutes, bases, or issues will exceed actual totals.” “This does not include charges filed with state or local Fair Employment Practices Agencies.”

At the NLRB, the public filed 19,754 unfair labor practice charges in fiscal year 2025 (NLRB Performance and Accountability Report, FY 2025, read from the Internet Archive copy of Sep 10, 2026). That total counts charges against employers and against unions, so it is not the number of charges against employers. A charge is an allegation, not a finding.

Fiscal yearUnfair labor practice charges filed with the NLRBSource
202115,081NLRB Performance and Accountability Report, FY 2021
202217,998NLRB Performance and Accountability Report, FY 2022
202319,869NLRB Performance and Accountability Report, FY 2023
202421,300NLRB Performance and Accountability Report, FY 2024
202519,754NLRB Performance and Accountability Report, FY 2025

Each fiscal year is copied from that year's NLRB Performance and Accountability Report, linked in the table. Each report was read from an Internet Archive copy of the official nlrb.gov address, because nlrb.gov did not answer our build server; the official address is the one linked.

If the conversation does not fix it

When a conversation does not change things, each step below builds on the notes you kept from the one before.

  1. Give a verbal warning: when the conversation did not change anything and you need a first, documented warning.
  2. Write a written warning: when the problem continues after a verbal warning.
  3. Write up an employee: the steps, the form and the state rules for a formal write-up.
  4. Put an employee on a PIP: a performance improvement plan with goals, support and a review date.
  5. Fire an employee: the steps, the script and the state rules when it ends in termination.

If the employee refuses a direct instruction, read what counts as insubordination before you treat it as a performance problem.

Questions people ask

How do you start a difficult conversation with an employee?

Start in private, say why you asked for the meeting in one sentence, and move straight to the first fact: what happened and when. Then stop and listen. The opening in this script does exactly that, and changes with the topic and with whether this is a first conversation or a follow-up to a warning.

How do you tell an employee they smell?

Privately, briefly and kindly. Say that it is a hard thing to raise, describe what you noticed and when, without guessing at a cause, and ask whether there is anything the employee wants you to know. Agree on the standard, offer practical help if you can, and keep it between the two of you. If the employee mentions a medical condition or a religious practice, treat it as a possible accommodation request. The filled example on this page shows the full script.

Is it retaliation to discipline an employee who complained?

It can be, depending on the facts. Retaliation is the basis alleged most often in charges filed with the EEOC: in fiscal year 2025, it was alleged in 54,350 of the 88,201 charges (61.6%, EEOC Table E1a). A charge is an allegation, not a finding. Before the meeting, use the risk check in step 3; if the employee did one of the activities listed, keep the conversation to facts you documented before it and consider talking to an employment attorney before any discipline.

What if the employee says the problem is caused by a disability or a pregnancy?

Treat it as a possible request for an accommodation and pause the discipline part of the conversation. The EEOC says: “A request for reasonable accommodation of a disability constitutes protected activity under the ADA, and therefore retaliation for such requests is unlawful.” (EEOC Enforcement Guidance on Retaliation and Related Issues). The Pregnant Workers Fairness Act names requesting or using a reasonable accommodation for known limitations related to pregnancy (42 U.S.C. 2000gg-1(5)). Follow your accommodation process, then come back to the standard you need.

What is the next step if the conversation does not fix it?

Usually a documented warning: a verbal warning, then a written warning. For performance, a performance improvement plan sets goals and a review date. The last step is termination, with the state rules for the final paycheck.

Should someone else be in the room?

A first coaching conversation can be one to one. When the conversation may lead to discipline, or when the employee has complained about something, having HR or a second manager present to take notes can help. Follow your company's policy. If the employee is represented by a union and the meeting is an investigatory interview that might lead to discipline, the employee can ask for a representative to be there (the Weingarten rule; under current Board law, only union-represented employees have this right). The National Labor Relations Board says: “the right of employees, upon request, to have their representative present during an interview that the employee reasonably believes could lead to discipline” (National Labor Relations Board: Weingarten Rights, read from an archived copy of Aug 25, 2026).

What should I write down after the meeting?

The date, who was there, the facts you raised, what the employee said, the standard you agreed and the follow-up date. Write it the same day and keep it with the employee's file. The script's last section is a checklist for this.

Sources (34)

Related

The situationHow to write up an employeeNext in the processVerbal warning templateIf it continuesPut an employee on a PIP

General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error