Confidentialty Issue

msoto

An employee went to a HR representative to discuss a probelm she was having with her a co-worker, she claimed that her problem with her co-worker has become unbearable to the point where she does not feel comfortable in her job. She has ask the HR representative to keep this confidential, that she does not want any one to know about her problem. I don't think it is safe to keep this issue within our department, since it is serious enough that it may be consider a potential legal problem our company may face in the future. Can we break the employee trust?

Hatchetman

What did she expect HR to do if she wanted it kept confidential from the other employee's chain of command? What did the HR representative say to her in response?

From your post, I take it that the problem she is raising is not something that can be properly responded to with just, "Well, hang in there. This too shall pass!"

If it is as you say, then the HR representative needs to bring it to the appropriate person's attention to resolve. If there was any indication by the HR rep to the employee that it would not go outside of the two of them, then the HR rep needs to call the employee that upon further consideration, he or she realizes that it cannot be kept between the two of them, and that appropriate managers in the company must know so that the problem can be rsolved. The HR rep should assure the employee that as long as the employee was acting in good faith in making the complaint, that he or she has nothing to worry about and to let the HR rep know immediately if there IS a problem...etc. If at all possible, the HR rep should identify to the employee who will contact the emplyee for further information (ie., sort of explain the "initial" road map that is to come, now).

bsa

If you are facing a potential legal issue -- contact your attorney. Your attorney will protect the company with client/attorney privelege, yet be able to advise you on the best action to take for the protection of your employee. Her request for confidentiality does not relieve your company from its obligation to provide a harassment free environment. Sometimes employees request confidentiality not understanding that an investigation (low-keyed as possible) is inevitable. Whatever the situation is, it will not go away by itself. She will be back with more complaints, still requesting confidentiality, and your hands should not be tied.

System

I agree with bsa. Tennessee attorney John Phillips addresses this issue in our brand-new training videos, "Ten Danger Zones for Supervisors" ([url]http://www.hrhero.com/videos.shtml[/url]).

He warns that whenever any member of management learns about harassment or other illegal behavior, then your company is on notice of the situation and has a duty to stop it. The employee's request doesn't relieve your company of this duty.

James Sokolowski
Senior Editor
M. Lee Smith Publishers