How To Deal With Employee Complaints

Every business must know how to deal with employee complaints. Employees may complain that they were unfairly treated or that the company did not follow its own policies. More serious issues can involve employees claiming illegal discrimination. A proper response to an employee complaint can resolve the matter before it becomes more costly.  

As a small business owner, you should approach employee grievances delicately. If an employee complaint involves possible legal issues, get legal advice to avoid possible liability. For more information about your grievance procedures, talk to an experienced employment law attorney.

What Procedures Do You Have in Place for Employee Complaints? 

Taking employee complaints seriously promotes a good working environment. Responding appropriately also protects your business from avoidable litigation. Thoroughly investigate and carefully document all matters related to employee complaints. You can also rely on this documentation to back up your response if the complaint escalates.

The proper response to an employee complaint begins before an employee makes a complaint. Your business should have an employee handbook containing policies that describe how to handle employee complaints. Follow your stated procedures after a worker files a complaint. This will help ensure that every employee complaint gets equal treatment. Employees should feel that they receive due process in how you respond to their concerns.

How Do You Investigate Employee Complaints?

Conduct thorough investigations in accordance with your company’s pre-established investigation procedures. Using established procedures can help ensure an unbiased outcome of the investigation. 

Your investigation will begin when you appoint an investigator. Larger companies may have different investigators for different types of complaints. For example, one investigator handles sexual harassment, and another responds to safety violations. Smaller companies may have one investigator for all employee complaints. The investigator should be someone who is fair and impartial. This means both the employees and management trust them. A human resources employee is a good team member when conducting an investigation. 

The investigation should provide the complaining employee an opportunity to elaborate. With some complaints, the employee just wants a chance to voice their concerns. The investigator can get further information, including any witnesses and supporting documentation. Thoroughly review the information provided by the employee, employer, and by any other parties involved. 

Inform Complainants of Investigation Findings and Resolutions 

Keep the employee informed in writing of the investigation results. It is important to be as detailed as possible in your findings. The findings should detail the investigation process and findings. If you find merit in the employee’s complaint, then talk about the next steps. Detail what the company is going to do to remedy the situation and prevent it from happening again. 

For example, an employee may report inappropriate comments by a co-worker. After an investigation, you may agree to take corrective action by firing any workers engaging in sexual harassment. The business can also proactively provide training for employees about sexual harassment. Senior management may get additional training to understand the serious nature of harassment. Together, the company can ensure an environment free of sexual harassment. 

Can You Fire an Employee After Making a Complaint?

Employers hire most workers on an at-will basis. This means you can fire them for any reason or no reason at all. However, you cannot fire them for unlawful reasons. Whistleblower protections prohibit taking adverse action against employees for reporting certain activity. This includes employees who report sexual harassment, discrimination, illegal activity, or safety violations. 

For example, a worker complains to you that the company culture creates a hostile work environment for female workers. If you fire the employee, it could be a violation of state and federal whistleblower laws. The employee could have a legal claim against you for damages and reinstatement. 

When Should You Turn to an Employment Lawyer to Handle Employee Complaints?

Sometimes, an employee making a complaint can do you a favor by bringing illegal activity to your attention. Even if the employee seems like trouble, they could save you from serious liability down the road. Employers and HR professionals need to be aware of worker complaints related to legal violations.

An employment lawyer can review your company policies, job descriptions, and complaint procedures. Proper preparation can help you avoid many of the legal issues employers regularly face. If an employee is complaining about serious workplace issues, an employment lawyer can help.