Do you have the right to know who filed a complaint?
If an employer or fellow employee interferes with an employee’s rights, that employee has a right to complain. State laws and agency policy dictate whether complaints are confidential; however, employees cannot lose their jobs in retaliation for filing a complaint.
What should an employer do if an employee files a complaint?
In other words, “If an employee files a charge of discrimination or otherwise complains about workplace practices, treat the person as if the charge had not been filed,” Gamlem said. But that does not mean that the employer should refrain from taking action.
Can a HR specialist read a workplace complaint?
An HR specialist asks questions that are part of her investigative plan. Many employers don’t reveal to the accused the written statement or accusations that form the basis for a workplace complaint. Therefore, you have few, if any, rights to read what your accuser has written or said about you.
Do you have a right to see your employer’s documents?
In some cases, employers must produce all of the documents and statements generated during an investigation of a workplace issue. If the documents aren’t privileged, you may be able to review the employer’s documents produced during the discovery phase of the lawsuit.
If an employer or fellow employee interferes with an employee’s rights, that employee has a right to complain. State laws and agency policy dictate whether complaints are confidential; however, employees cannot lose their jobs in retaliation for filing a complaint.
What should I do if I file a complaint at work?
When an employee files a workplace complaint, she usually follows the steps prescribed in employee handbook or described in the company’s guidelines. The steps may include contacting her supervisor or manager, or she might go straight to the human resources department.
How is HR supposed to investigate employee complaints?
HR staff responsible for investigating employee complaints follow general investigative principles and best practices. A likely approach is to develop an investigative plan based on the investigator’s own analytical and critical-thinking skills.
Can a employer refuse to promote an employee who has filed a complaint?
For example, an employer cannot refuse to promote an employee or take disciplinary action against her because she filed a complaint against him with a government agency or other agency in authority over the employer.