HR Management & Compliance

Employment Law Tip: What to Do When Employees Complain

An employee comes to you with a complaint of sexual harassment—or perhaps an allegation that a co-worker is violating company policy. Or maybe a worker reports that an expensive piece of equipment is dangerous and needs to be repaired. How you respond to these scenarios can make the crucial difference between a prompt resolution of the matter and an expensive lawsuit.

Here are five tips to keep in mind:

  1. Explain procedures. Reassure the employee that the matter will be promptly investigated under your complaint policy.
  2. Discuss confidentiality. Explain that while you cannot promise complete confidentiality, the investigation will be handled on a discreet, need-to-know basis.
  3. Have the employee complete a complaint form. You should have a standardized Employee Complaint Form; make sure every complaining employee fills one out.
  4. Get the story in the employee’s own words. Try to get the employee’s best recollection of the facts. Encourage the employee to explain the situation in his or her own words without input from others.
  5. Review the complaint form. After the form has been completed, go over it with the employee. Make sure you understand the problem, and have the employee sign and date it. 

Additional Resources

Employee Complaints: An Investigation and Action Guide,” a California Employer Advisor Special Report

Sample Employee Complaint Form

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