How to File a Complaint with Human Resources (HR)

The role of your HR department is to protect the company and avoid legal exposure. They only protect your employee rights when it also protects your employer from liability or violating employment laws. They do not work for you, and you can assume that everything you provide to them will be used to protect your employer first.

That does not mean you should treat HR professionals as hostile, but it’s important to understand that they are not your advocates.

This short guide will detail what you need to know about filing an HR complaint in order to legally protect yourself.

Though HR does not directly represent employees, they will be your first stop for many employment complaints. You should generally file an HR complaint as soon as you believe that you are experiencing persistent and unwelcome behavior. ^[2]

You have limited time to report harassment and many other employment law violations. Waiting too long to begin the process may invalidate the claims. Prepare a written statement and email it to HR as soon as you have experienced the following:

• Harassment of an illegal nature at work
• Discrimination in hiring/promotion with regard to protected classes
• Your legal wage, salary, or benefits are being withheld without cause
• Your supervisor asks you to engage in illegal behavior (for example, falsifying information on business forms)

• Step 1: Request That the Behavior Stop
  In the case of harassment, you should typically ask the offending co-worker to stop the behavior that’s bothering you before you move on to HR. This is so that you can document that you addressed the behavior before escalating it. Use your company's internal complaint process, so long as it is filed in writing, and submit it to the right person. Take note of any witnesses to the behavior in question.
  
  If you have reason to be intimidated by the individual, you can move forward with contacting HR and explain why you were uncomfortable speaking to the individual directly. Keep copies of these explanations for evidence. For other issues, particularly pay-related issues, proceed to the next step.
• Step 2: Review the Employee Handbook
  As the first step in any official HR complaint, review the employee handbook to determine if your issue is covered by the company policy. The handbook may require you to contact particular supervisors or departments, and they may provide benefits such as anonymous report resources.
  If you do not have a hard copy of your employee handbook, print off an electronic copy for reference in case you lose access to company servers in the case of termination.
• Step 3: File an Employee Complaint According to Handbook Steps
  Begin the reporting process with the first steps in the employee handbook. This is often to file a written complaint (or email) with your HR. Your employer may not have a reporting policy that inspires your confidence. The policy may need to be better explained or equipped to deal with certain issues. You still need to attempt to comply with the policy in good faith and give your employer a reasonable opportunity to resolve the situation.
  If you do not follow the policy, your employer may claim that they were not properly notified of the harassing behavior, which can complicate your claim. If there is no policy in place, document the lack of a policy and your efforts to find one, and continue by contacting a supervisor for the next steps.
• Step 4: Preserve all Communications from HR
  From this point forward, preserve all communications you receive from HR. Request that all communications be sent by email so you can easily create copies or scans of them. Use recorders in meetings with HR (inform them if your state requires it). This is essential if you are required to take things to court.
  Comply with all extra information requests that you receive from HR, and send follow-up emails to them when you don’t see a response for more than a week or so.
• Step 5: Contact the EEOC in the Case of Inaction
  If you have notified your employer and they have not resolved the situation, you can escalate and file your claim with the EEOC. If the workplace environment remains hostile, management inaction results in the behavior persisting, or hr attempts to slow-walk the complaint procedure until important deadlines are passed file with the EEOC. Trust your gut; if you are experiencing red flags or retaliation, seek legal representation.
  You CAN file a claim with the EEOC as soon as you make your original HR complaint.

How to document your communications to protect yourself

Preserving documents throughout the complaint process will help you protect your evidence and yourself throughout the process. Always document and preserve copies of every incident and all communications. Keep copies of your messages and HR’s replies in private storage at your home if you lose access to company email resources.

• Witnesses    Take note of any witnesses to the events in question, including their names, the date and time, and contact information so a lawyer may contact them pursuant to an investigation.
• Communications    Document all communications in writing, using email preferably so that all communications can be easily produced and preserved. Politely decline phone calls to discuss the matter unless they can be recorded.
• Gather Evidence    Collect proof of any negative impact experienced resulting from the behavior. Take note of any therapy or doctor visits related to the incident, job performance, or other impact related to the incident in question.