What To Expect When Filing An HR Claim
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It can take a lot of courage to approach the Human Resources department of your company with a complaint. This is especially true for women who already face various forms of discrimination in the workplace. Research finds it’s common for women who work in male-dominated workspaces to feel they need to prove their worth at the office and if you’re already in that mindset, you likely won’t want to ruffle feathers by bringing an issue to HR.
But fear shouldn’t stop you from calling attention to concerns and attempting to make your work environment better for you and your colleagues. The thing is, most of us don’t know what’s normal when filing a complaint with HR, and having some idea of what to expect can alleviate anxieties. We spoke with Sarah Morgan, the Chief Excellence Officer of BuzzARooney LLC, a consulting boutique that helps startups and small businesses create inclusive, equitable workplace cultures. Morgan filled us in on what to expect after filing an HR complaint. Companies interested in learning more about Morgan’s strategies can listen to her podcast Leading In Color or attend her virtual workshop The Human Return on Investment (HROI) Summit on October 20th. Learn more here.
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How private is my information?
“HR is responsible to keep your information and complaint confidential, meaning they should not share it with anyone who doesn’t need to know about it. Depending on the level of seriousness, it is normal for HR to alert the supervisor(s) of the employees involved that a complaint has been made as their investigation may cause disruption and/or changes in that department.”
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Will my coworkers find out?
There can be concerns about colleagues – particularly those who are party to your HR complaint – finding out about your complaint. To this, Morgan says, “While HR may not mention you specifically in speaking with witnesses, process of elimination may lead to your coworkers figuring out that you are the person who lodged a complaint. HR should try to prevent this but it is not always possible.”
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How far will my information travel?
“Almost any complaint that you make to HR is going to be shared with outside parties. The individual that you complain against must be given an opportunity to tell their side of the story. Witnesses may have to be interviewed. Supervisors may have to be notified to make changes to work schedules, seating, etc. during and after the investigation. It is rare that HR is able to investigate and resolve an employee complaint without sharing some part of the complaint with others.”
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How am I protected during the process?
“HR should protect you by helping to limit your contact with your coworker until the investigation is resolved. This may mean moving your coworker to another shift or area of the building to limit your contact with them. If you would like to move to another shift/department/work area, you can request this; however, typically HR will move the offending party and not the complaining party during an investigation.”
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What if a coworker retaliates?
Just because HR has settled a dispute, doesn’t mean the offending party won’t still react in some way. But Morgan says, “Once the investigation is completed, HR should protect you from retaliation by the coworker and/or others acting on the coworker’s behalf. Retaliation means there has to be some kind of negative impact to you, like denial of a transfer or promotion or pay increase.”
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What if I’m just uncomfortable?
It’s important to understand the limits to what counts as retaliation from a coworker. Morgan states, “General discomfort in working with or around a coworker following a complaint investigation typically does not rise to the level of the definition of retaliation.”
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What are some formal instructions I might expect?
“Expect to have to write down your complaint and all the relevant incidents which occurred. Also expect to be encouraged not to discuss your complaint with others. While HR cannot stop you from talking to other people at work about your issue, it can complicate the investigation and make it more difficult for HR to resolve.”
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How much of my personal info from emails/phone etc. must I share?
“You should share as much evidence as you can to clearly demonstrate the negative experience you are having. Withholding evidence from HR makes it more difficult for them to get a clear picture of what occurred and decide how to correct the issue.”
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Can I keep some info private?
While revealing some evidence may be awkward, Morgan says, “It is detrimental to your claim to withhold information from them. Share all the emails, screenshots, etc that will demonstrate what you have experienced so HR can take action to correct any improper behavior.”
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How can I make HR’s job easier?
“The most important thing you can do to make HR’s job easier is tell them what you want as the resolution of your issue. Whether that is an apology, a transfer, or termination, know what you want HR to do and tell them. This doesn’t guarantee that they will act just as you’ve asked them BUT it does give HR a more clear target and idea of how to proceed. It also helps you to know whether your expectations are being met or not.”
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How much detail do I provide?
“The next most important thing you can do to make HR’s job easier is to tell them everything in your initial complaint. Don’t leave anything out and don’t mince words. Tell them everything both in your conversation with them and in your written version. This makes sure HR knows and will investigate all of your concerns. It also strengthens your credibility.”
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How should I conduct myself in the middle of an HR issue?
“You should conduct yourself close to normal as you can during the investigation. This isn’t an easy or reasonable expectation but it is generally the thought. Continue to come to work and be on time and work your full shift. Continue to meet your tasks and deadlines. If for some reason you cannot, be sure to communicate this as far in advance as possible with HR so arrangements can be made to cover your work.”
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What if the environment is too stressful?
In some cases, the environment at work may be too stressful to endure during an investigation. Morgan says, “HR may be able to help you in taking a paid leave during the investigation if the environment becomes too difficult for you. However, you have to be prepared to return to work after the investigation ends.”
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How often are HR disputes settled in a way that all parties are satisfied?
“Rarely. HR works for the company and it functions to balance the needs/rights of all employees. HR is generally more concerned with mitigating liability and being fair than it is about equity and justice. At the end of most complaints, all parties involved often feel like they have lost and like there is an unfair permanent mark on their record.”
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What sort of timeline should I expect my issue to be resolved on?
“This will depend on the severity and complexity of the issue. The more severe and/or complex the issue, the longer it will take. For example, if a coworker makes sexual advances toward you once and you report it immediately, that will not take as long as if a coworker made sexual advances toward you several times over months in person and over email and over chat. The latter will take longer to investigate. No matter what, HR should keep you updated on progress as well as let you know the outcome when the investigation ends.”
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