Can I still discipline an employee for ongoing performance issues if they have complained about workplace conditions?

Yes, you can discipline the employee for legitimate business reasons, such as poor performance, if doing so is unrelated to them making a complaint. You should take steps, however, to ensure your actions are fair and consistent, and don’t appear retaliatory.

Retaliation occurs when an employer takes adverse employment action against an employee for exercising their rights under the law — otherwise known as a protected activity.

Protected activities include actions like reporting discrimination, harassment, wage issues, or unsafe working conditions. On the other hand, general complaints about workload or personal disagreements don’t typically qualify.