Confidential Complaints

System · February 2004

How do you handle confidential complaints about supervisors or executive? An employee insists that I not go the the supervisor/exec, but I see a serious problem in not doing so.

deniseE · February 2004

Then what was the point in complaining???

Is the alleged offense a violation of your policies?

Is there a way to investigate "under the radar"?

If you lose this ee's information (due to retraction) will you still have a case?

If this is a matter of sexual harrassment or similar matters, you are obligated to investigate. Ignoring it now is not an option.

JM in ATL · February 2004

Eve:

I'm currently dealing with a similar situation. Read "Anon Letter".

I took the situation to the CEO who is over the person in question. I gave my suggestions on how the situation should be handled and told him what problems and consequences we face if the situation isn't corrected.

Now, my situation is not all that serious. It was rather juvenile if you ask me, but none-the-less, it was addressed as requested.

The main reason why ee's remain anon or that they don't want the offender confronted is fear of retaliation, alienation and resentment.

Sometimes they just feel better when they bring a concern of theirs to light and hope that somehow HR will put on their magic gloves and make it all disappear.

My suggestion, if you know who the complainer is ask them how they feel the situation should be handled if they don't want the complainee addressed? Leave the ball in their court and help them help you solve the problem.

Hopefully it isn't harassment in any nature and it can be dealt with quickly. Good Luck.

marc · February 2004

Handling confidential complaints is deeper than just a matter of style. When you are burdened with certain types of knowledge, your duty is to act on it. That is one of the reasons I always indicate that I will do my best to maintain a confidence, but may not be able to do so.

What would you do, for instance, if it was a sexual harassment claim? You must act. What about a violence threat, or the knowledge that someone was seen embezzling cash? You cannot keep any of those a secret.

When someone asks me if they can tell me something in confidence, I always give the speech that I may not be able to. If it is another member of management, the speech is a bit different than when it is a staff person.

KathiHR · February 2004

I agree with Marc. We should never guarantee confidentiality. Its our own fault if we end up in the delimma of what to do if we've promised confidentiality & then discover that, because of the situation, we have a duty to investigate and/or report. I give a "to the extent possible" speech when it comes to confidentiality.

System · February 2004

You're right. Thank you. It's difficult to do that when an executive comes in your office with that opening.

hrbanker · February 2004

Eve, I've been in that same situation a few times. I explained to the exec that I could not ignore the problem and suggested ways I might address it without indicating who brought the complaint to my attention. The compainant agreed that something must be done and that they appreciated if I could keep them out of it, but understood if I couldn't.

If it's a potentially serious problem for the organization (violence, theft, etc) I would suggest going back to the exec and explaining the ignoring the situation could put the company at risk. Then discuss solutions.

Good luck.

System · February 2004

When someone comes to me and starts out they want to file a complaint confidentially, I usually tell them up front that I cannot guarantee it. Depending on content of the complaint, of course. If they wish to continue they may do so.

LV · February 2004

You have an obligation to investigate. If it is shown that a person complained either in confidence or not inconfidence and the employer did nothing about it then the employer is liable. It is called Vicarious Liability. I always preface my conversations with employees that anything they say will not be held confidential and I will be obligated to act on the information that is given to me.

System · February 2004

Thanks!! Just the direction I needed.

mwild31 · February 2004

Hi Eve

Sounds like I'm late to the party, but for what it's worth - I ditto Marc's response. It's the best course to take.

Confidential Complaints

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