The waiting can be the hardest part. If you file a complaint with HR and weeks or even months go by with little or no action in the way of updates or a resolution, you are not alone. This is a common and frustrating experience for working people. It raises important questions, such as “How long is this supposed to take?” and “At what point should I be worried that HR is still investigating?”
For workers in Washington, there are no hard-and-fast deadlines by which employers must respond to internal complaints and conduct workplace investigations. Still, state laws do impose real requirements on how employers handle the process and what happens if they drag their feet or do nothing at all.
At Justice Law Corporation, our Washington employment class action attorneys help working people stand up for their rights on the job, including by holding employers accountable for their legal responsibilities. We are experienced attorneys with a long track record of success in discrimination, wage-and-hour, and wrongful termination cases for the people and families we represent.
Blowing the whistle at work can be a daunting and stressful experience, especially for people who depend on their jobs to provide for themselves and their families. The good news is that the law requires employers to take complaints seriously and to take action to address workplace violations. Here is what you need to know.
No Fixed Deadline for Internal Investigations
Employers in Washington generally are required to take reasonable steps to respond to workplace complaints.
So, what is reasonable? It depends on the circumstances, including the nature of the complaint and the witnesses and other evidence involved.
A straightforward complaint involving two employees and a couple of witnesses may wrap up in a matter of weeks. A more extensive complaint that involves senior leadership and spans departments could take considerably longer.
Similarly, a complaint involving run-of-the-mill interpersonal friction among employees may not warrant a thorough investigation. Complaints about unlawful workplace discrimination or harassment, on the other hand, necessitate thorough exploration and legal review.
Washington’s Law Against Discrimination is designed to prevent employers from slow-walking discrimination and harassment claims. The law requires employers across the state to take prompt and appropriate corrective action once they become aware of harassment or discrimination or when they should have become aware of the misconduct. An employer that sits on a complaint for an unreasonable length of time without taking action risks additional liability.
Ask What ‘Still Investigating’ Actually Means
Employees often become frustrated when they ask for updates on the status of complaints only to hear that HR is “still investigating.”
This certainly suggests that the company is taking the complaint seriously and that HR is diligently investigating. As time wears on, however, it can feel like you are being ignored or that the “investigation” will wrap up just as you are ready to retire.
There are some questions you can ask in order to determine whether HR is actively reviewing the complaint, such as whether the person you complained about and other potential witnesses have been interviewed. You can also ask if there is a specific timeline or target date for a decision.
It is also helpful to ask whether you will be informed of the outcome of the investigation, even if only in general terms. That is right: Many employers will not tell you specifically what steps they took, if any, to discipline those involved in the complaint. This is often justified as protecting employees’ privacy, but it is also meant to limit the employer’s exposure to legal claims.
Employers will typically confirm that the investigation was concluded and that some action was taken. This, of course, can be maddening. It makes it difficult to determine whether your employer actually addressed the problem or is sweeping it under the rug.
Signs the Investigation is Stalled and What to Do Next
It can be difficult to tell if the investigation is simply moving at a deliberate pace or has been put on ice. Here are some signs that the inquiry has stalled:
- No one has followed up with you in more than a month, even though you have asked for updates
- The person you complained about has not been interviewed
- HR staff assigned to the case have left the company or have been reassigned
- You are getting conflicting information about where the investigation stands
- Nothing has changed in your day-to-day experience on the job since the complaint was filed
If you are seeing more than one of these signs, it is worth documenting your concerns and seeking the advice of an employment lawyer. Keep a written log of when you filed your complaint, every follow-up conversation that you have had since, and any changes in your working conditions. Be sure to request updates on the status of the situation in writing, including by email.
You should also be on the lookout for retaliation. State and federal laws protect workers who file complaints from being punished for doing so, whether after the investigation is resolved or while it is being conducted. Sometimes retaliation is obvious, like a firing, demotion, or scheduling change that happens suddenly after you file a complaint. In other situations, it can be far more subtle. Exclusion from meetings, assignments, and training opportunities is harder to spot, but can have significant consequences for your career.
Our Washington Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is through retaliation, wage and hour violations, or otherwise, you do not need to go it alone. A Washington employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Contact us at 360.207.0000 to schedule a free consultation with a Washington employment class action attorney.
