How To Respond To Employee Complaints
Many business owners aren’t quite sure what to do when a complaint is filed by an employee against them. A swift and decisive resolution can limit potential damage, prevent future complaints and minimize interruption of daily operations.
At the Law Offices of Marc Mandelblatt in San Diego, we have more than 40 years of experience advising employers on how best to respond to employee complaints ranging from wage and hour violations to wrongful termination.
If an employee filed a complaint against your company, contact us today at 866-346-4297 for a free phone consultation about available employment defenses.
What Is Required After A Complaint Is Filed?
The way you respond to a complaint about discrimination, retaliation, wrongful termination or any other personnel issue can have enormous repercussions. An informed, decisive, fair response may prevent an employee grievance from becoming a lawsuit. If that is not possible, the proper response can limit potential damages. Your response could even be the basis for a strong defense should the claim come to trial.
Employment complaints can come to your attention in one of several ways:
- Letter from the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC) — Complaints alleging discrimination, retaliation, harassment or wrongful termination may result in a workplace investigation. An official response is required.
- Attorney letter — If the employee has sought counsel, notice may come directly from a lawyer. That also requires an official response.
- Internal complaint — Any complaint submitted by an employee requires an official response.
- Notice through a supervisor — If you hear about an employee complaint from a supervisor, you are considered on notice. You should contact a lawyer for advice immediately.
Common Types Of Complaints Of Employees
The most common employee complaints include wrongful termination, sexual harassment or discrimination and wage/hour violations. Employer defense in the courtroom is expensive. The proper initial response to complaints, along with proper HR policies and disciplinary procedures, can minimize your risk.