An employee has big hair; another employee wears bells on her shoes and it’s not even the holidays.
What do you think? Do the above employee complaints strike you as serious?
Some managers and business owners might find such complaints amusing; if not hard to believe and take seriously. No doubt most reasonable employees would not bother a supervisor with such unusual complaints.
Or, would they?
According to a recent CareerBuilder survey of over 2,600 hiring managers, those big hair and bells-on-shoes complaints were revealed along with other similarly ‘off the wall’ employee grievances.
While your supervisors likely face a wide range of employee complaints, they also face walking a fine line. Successful supervisors are in the business of achieving results through employees. Yet at the same time, they are responsible for helping to keep employers on the right side of the law.
Should a supervisor invite and welcome with open arms every imaginable employee complaint under the sun?
Most supervisors would tell you that that they don’t have time for ‘hand-holding.’ Even so, supervisors today should be mindful of how important it is to avoid unlawful retaliation against a complaining employee, or applicant for that matter.
As explained in another HRTools.com Insight, retaliation charges are now tied with race discrimination as the most common charge filed with the EEOC. (Note: “Retaliation means any adverse action that you or someone who works for you takes against an employee because he or she complained about harassment or discrimination,” according to NOLO, a provider of online legal services to businesses.)
Perhaps just as sobering: The median award for all types of U.S. employment-related claims rose 60 percent in 2008, from $204,000 to $326,640, and discrimination verdicts rose 16 percent, from $208,000 to $241,119, according to a recently released study.
According to Employment Practice Liability: Jury Award Trends and Statistics 2009 Edition, a report published by Jury Verdict Research, the median jury award for employment practice cases has increased significantly during the period studied (the years 2002 through 2008).
So above all, supervisors and managers will want to avoid putting themselves or their employers at risk by ignoring that one employee complaint—one that could potentially lead to a more serious situation or charge. Of course, supervisors will want to coach their employees to find solutions to their own problems.
Meanwhile, it may be in the best interests of all those concerned for a supervisor to learn how to defuse employee complaints long before matters get out of control and into a courtroom.
First of all, HR professionals recommend that employers give employees an opportunity to voice their complaints without fear of repercussion. In order to do that effectively, and to help defuse employee complaints, employers will want to consider taking the following steps:
- Communicate and describe ways that employees can address complaints. Generally, it’s best that employees feel safe in going to their immediate supervisors. However, if the complaint involves the supervisor, employees should know where to go alternatively. Usually, it’s best that employees know who his or her HR professional is and how to contact that individual.
- Address the complaint as quickly as possible. It is recommended that employee complaints be followed up on within 24 to 48 hours. At minimum, you will want to let the complaining employee know that his or her complaint is being taken seriously and that you or someone is following up on it. Obviously, resolving the issue depends on the complexity or severity of the problem; but it is also important to stay in contact with the employee to let him or her know that you are working to resolve the issue.
- Report back to the employee. Once you have determined whether or not the complaint can be substantiated, let the employee know what your next steps will be. (For example: “We have determined there is merit in your complaint; therefore, we are taking steps to correct the problem;” or, “We have found no evidence that the confidential customer-database information has been compromised; therefore, no further action is warranted.”)
- Protect the employee from reprisals. Reassure employees that they will not be penalized for following your guidelines or procedures for bringing forth a complaint.
Additionally, as in all employee-related matters, make sure meetings and conversations with the employee and any other related personnel are documented.
Finally, as most employment law professionals will agree: When employees feel as though they are respected and valued by their supervisors and employers, it is far less likely that they will file an unlawful retaliation charge.
In my next HRTools.com Insight—as part of this series on retaliation—I will review steps employers can take to minimize their exposure to retaliation claims or charges.
Related reading: Supervisors—Take Employee Complaints Seriously, and Here’s Why and How