When you struggle in your workplace, reporting the issue to human resources should be the first step to finding a solution that improves your experience on the job. Unfortunately, many employees wonder whether making a complaint will lead to mistreatment, worsen the mistreatment they already experience or even harm their career.
What should you know about the protections available for making a complaint to human resources?
HR is not your friend.
The purpose and function of the HR department is to protect the company from liability, not to assist employees. Many employees do not understand the HR function and instead confide in HR only to find the information used against them in disciplinary matters or in court.
You may want to contact an experienced employment attorney BEFORE going to HR to assure that your approach is protected from retaliation and to avoid providing information to HR that can later be used against you.
The law protects workers from retaliation under specific circumstances.
Whether the law protects you from mistreatment after complaining to human resources depends on the nature of your complaint. Some contact with human resources is considered a protected activity, meaning that it is your legal right to bring up your concerns and the law protects that right against any retaliation; but this is not the case for all contact with HR.
There are several types of protected complaints / reports to HR, but these are only protected if done correctly
- Good faith opposition to alleged illegal discrimination or retaliation
- Requests for FMLA, personnel records, or ADAAA disability accommodations
- Informing HR that you intend to file a wage claim if a compensation matter is not resolved
- Complaints about wages, hours, or working conditions affecting yourself and at least one other employee
- Opposition to potential fraud against the government or certain financial frauds
- Concerns about being directed to perform illegal activities
- Complaints of illegal discrimination
Good faith opposition to alleged illegal discrimination or retaliation must be clear to be protected
When employees make vague complaints or do not attribute offensive or adverse conduct to an illegal motive, they may not be protected. “My boss is treating me unfairly” may not be protected, while “my boss is treating me less favorably than my male coworkers because I am female” would generally be protected by the Wisconsin Fair Employment Act and by Title VII of the Civil Rights Act of 1964 as amended.
Consequently, confirming the complaint in writing via email or otherwise keeping notes of a conversation and information co-workers and family members to confirm your simultaneous recollection may be needed to prove exactly what you reported to HR.
Requests for FMLA, personnel records, or ADAAA disability accommodations are protected, but they must be provable, such as being sent via email
Specific statutes protect you when you “go to HR” to request FMLA, your personnel records, or for disability accommodations, for example. Again, you must be able to prove what you reported, so it is best to be in writing or read from a script or send it by email. So often, HR claims this is not what you asked about.
Complaints about wages, hours, or working conditions are NOT protected if they only impact the person making the complaint
The Wisconsin Employment Relations Act and the National Labor Relations Act protect employees who engage in “Protected Concerted Activities.” Protected means pertaining to wages, hours, or working conditions. Concerted means on behalf or or to the assistance of at least one other person besides yourself.
For example, if you go to HR and ask for a raise, that is not necessarily protected. If you go to HR and state that “we” should get a raise, or “second shift should get a premium” or the women here are under paid, that would be protected.
Opposition to potential fraud against the government or certain financial frauds
The False Claims Act and certain other whistleblower statutes protect against retaliation for opposing and attempting to stop false claims against the government. Nevertheless, this is one area where it may be particularly important to consult experienced legal counsel first.
Concerns about being directed to perform illegal activities
In Wisconsin, if you are directed to perform something illegal and refuse to do so, you may be protected against any retaliation.
Complaints that do not constitute a protected action can take many forms. Complaining that you do not get along well with your supervisor because of a personality clash does not necessarily involve a violation of public policy. A coworker who acts unprofessionally may not violate your rights. If your employer is not upholding a company policy, that failure may not violate the law.
If your complaint is not a protected action, your employer could legally impose consequences for your complaint. Because the difference between a protected action and other complaints is often subtle, you may seek guidance if you are unsure whether you have legal protection when making your complaint.
What forms could retaliation take after an HR complaint?
Unfortunately, employers do not always respect the law when responding to human resources complaints. As a result, a business may retaliate against even protected actions taken by employees. This could take many forms, including:
- Harassing you or threatening you
- Excluding you from important meetings that you would otherwise take part in
- Moving you to an undesirable shift or position
- Cutting your pay
- Demoting you
- Negatively reviewing your performance or placing your work under greater scrutiny than other employees
- Terminating your employment
If your complaint was a protected action, you can safeguard your career from the damage this retaliation could cause. Discussing your situation with an experienced employment law attorney can help you understand whether your complaint was a protected action. They can also offer guidance on how to hold your employer accountable and help you understand the benefits of each option.
While making a complaint to human resources can be daunting, knowing your rights can help you protect your career as you take steps to create a more positive work environment for yourself and others.