6 Signs Your Employer Isn't Taking Your Complaint Seriously
Have you made a formal complaint to your employer about discrimination, harassment, or some other unlawful activity at work? Serious employers who intend to follow the law and respect the rights of their employees will respond in a reasonable way that helps resolve the situation.
But what sort of response should you look for? And what are some signs that your employer isn't taking complaints seriously? Read on to discover a few things to look for.
1. Failure to Separate Individuals
Does your complaint involve a specific individual or group of employees? If so, your employer should take steps to ensure that no further incidents occur — or could be construed as occurring — while they investigate the matter.
However, if nothing changes and you're forced to interact with someone accused of harassing you, creating a toxic workplace, or retaliating, your employer may not think you deserve protection. And if they feel that way, they're unlikely to think that your complaint deserves serious consideration.
2. Failure to Keep Documentation
The Human Resources department is the one primarily tasked with handling employee matters and complaints. Do they keep adequate records to track patterns and show evidence of what's really going on?
Most employees get a sense of how well their employers document their processes and keep records. If yours already tends to write down very little and fails to track progress throughout their organization, keep an eye out for signs that they aren't preparing any paper trails this time. Ask for copies of everything you're allowed to have access to. Few copies may mean little record-keeping.
3. Failure to Interview People
Employee complaints start out as the testimony of one person. However, they generally involve other people — including coworkers, supervisors, management, vendors, business partners, and even clients or customers. Make note of anyone that was involved in your case, including those whom you noted could provide further evidence, and make sure the employer speaks with them.
4. Failure to Hold an Independent Investigation
Your employer should launch an internal investigation of your complaint. But who should handle this investigation?
The assigned person or persons should be an impartial party who has no partiality when it comes to the circumstances of the incident(s). This person could be within the HR department, but the complaint may call for an outside source instead. You should feel confident that they can be impartial and any objections should be taken seriously. If the investigating employee is not impartial, politely registered your objection in writing and make sure the objection is fact based. For example, the harasser’s best friend is leading the investigation.
5. Failure to Maintain Confidentiality
If the employer talks about your case, gossips about it (or allows employees to gossip), belittles the matter, or leaves relevant documents or files around, they aren't maintaining a confidential environment. And this generally indicates a lax attitude toward the situation. However, if others know about the investigation, then the employer cannot use the “ostrich” defense and deny knowledge that you ever complained.
6. Failure to Communicate With You
You have a right to know how the company is responding to your complaint within a reasonable time. You should receive copies of forms, meet with Human Resources or management, be asked for follow-up meetings, and be informed of what's being done to investigate.
Is your employer keeping you reasonably in the loop within the bounds of confidentiality? While you won't be privy to every step they take, you should be given regular updates. And if you specifically ask for such, updates should be forthcoming. If not, the employer may be dragging out the investigation.
Where to Learn More
Do you need help identifying whether or not your employer is taking your complaint seriously? Start by meeting with the employment law professionals at Allen D. Arnold Attorney at Law. We'll assess your case and help you decide whether it's time to take the complaint to the next level or not. Call today to learn more.
Alabama Rules of Professional Conduct Notice: No Representation is made that the quality of legal services offered is greater than that of other lawyers. The information contained on this website is not a substitute for legal advice, and reading it does not create an attorney-client relationship.
