One of the biggest concerns that employees have when they make internal HR complaints is whether the company will actually do anything about the problem. That is particularly true when the person investigating the complaint works for the manager that you reported.
This sort of situation does not automatically mean that you will not get a full and fair investigation. It does, however, raise some doubts about whether the person tasked with looking into the complaint can do so objectively.
At Justice Law Corporation, we help working people ensure that they are fully paid and that their rights are protected on the job. Our Washington employment attorneys have dedicated their careers to fighting back against employers who violate the law. We can help you understand your rights and take action. Our track record of successful results speaks for itself.
Employment laws do not expressly require that employers use fully independent investigators to review HR complaints. That said, the investigation must be reasonable and effective. Investigators cannot sweep information under the rug or look the other way when confronted with evidence of policy or legal violations.
Here is what you need to know: You have the right to pursue legal claims against your employer regardless of what they conclude in the investigation. In fact, a sloppy, half-hearted or conflicted investigation can bolster those claims in many cases.
A Prompt and Thorough Investigation
Employers are expected to conduct prompt and thorough investigations into workplace complaints.
There are two motivations for employers to live up to this responsibility. First, most want to maintain positive work environments free from harassment and bias and to ensure that employees follow company policy. In addition, employers understand that they can be held legally liable if they fail to take steps to address workplace wrongdoing. The best investigations have several hallmarks.
- Prompt Action: The inquiry begins immediately upon receiving a report to prevent ongoing misconduct.
- Impartiality: It is led by a neutral, trained investigator who has no personal stake or bias regarding the parties involved.
- Confidentiality: The privacy of the complaining employee, the respondent, and any witnesses is protected to the extent possible.
- Evidence-Based: Relevant documents, communications, and witness statements are gathered and analyzed to evaluate the facts.
- No Retaliation: The reporting employee and witnesses are protected from negative job consequences during and after the process.
- Corrective Action: Appropriate disciplinary action is taken if the investigation yields evidence of misconduct.
Not all complaints require the same level of inquiry. Social friction is a part of many workplaces that often does not rise to the level of a company policy or employment law violation. For smaller employers, it may not be feasible to go outside of the company every time a complaint is lodged. Still, all employers should be able to ensure that investigations meet the minimum basic standards.
How Independent Does it Need to Be?
If the person assigned to investigate your complaint has a shared reporting line to your manager, you should be concerned about whether the review will be independent and impartial. Here are a few other questions to consider:
- Does the investigator have a personal or social relationship with the manager beyond the reporting line?
- Does the investigator’s own performance evaluation, bonus or advancement depend on that manager’s input?
- Has the investigator shown any prior bias, defensiveness or dismissiveness when workplace issues involving that manager have come up before?
- Is the investigator someone who would have to continue working closely with the manager regardless of the outcome?
If “yes” is the answer to any of these questions, it is worth formally raising your concerns about the investigation’s integrity. You do not need to have clear evidence of bias upfront. Instead, you simply need to state that you are concerned about objectivity because the person tapped to investigate the complaint reports to the manager that you are complaining about. You should also clearly request that someone outside of the reporting structure handle the inquiry. Make your request in writing so that there is a definitive record that you raised it.
Larger organizations should have little problem finding someone who is more independent, at least in terms of reporting lines. They can turn to a different HR business partner or a centralized employee relations team. They can also bring in outside counsel or a third-party investigator for complaints involving senior leaders, allegations of serious misconduct, and situations where internal conflicts of interest are unavoidable. Doing so is a good sign that the employer takes independence seriously.
Smaller employers may have fewer options, but you should still raise the request. That is because it formally puts the employer on notice that you flagged the issue, in the event that the fairness of the investigation is later questioned.
Signs that the Investigation is Not Independent
Even if the person handling the inquiry does not report to the manager that you complained about, there are other factors that can cloud the process. Be on the lookout for these situations:
- The manager you complained about is looped in on interview scheduling, witness lists, or findings before the investigation concludes.
- The investigator seems to already have a narrative or conclusion before interviewing key witnesses.
- Questions during your interview seem focused on undermining your account rather than neutrally gathering facts.
- You are discouraged from providing documentation or additional witnesses.
- The investigation concludes unusually quickly without meaningful follow-up.
It is important to document these patterns, including dates and specifics, so you have them at the ready when needed later.
Even if you have good reason to believe that the investigation is not independent, you should continue to participate in good faith while your concern is being considered. This gives you leverage to better challenge the results later, because your employer cannot counter by blaming you for disengaging.
Our Washington Employment Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A Washington employment attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Seattle. Contact us at (360) 207-0000 to schedule a free consultation with a Washington employment attorney.
