Is it worth filing a complaint with HR?

What not to say in an HR investigation?

“I'm not sure, but…” Speculating or making assumptions can muddle the facts, leading to misunderstandings. Stick to what you know. “It's always been done this way”: This defense can imply resistance to change or justify inappropriate behavior based on tradition, which doesn't hold up under scrutiny.

What counts as workplace discrimination?

Unfair treatment because of your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, disability, age (age 40 or older), or genetic information.

Can I lose my job for reporting to HR?

Suppose you complain to HR about an illegal activity of your boss or co-worker, and you are fired. In that case, you may have a wrongful termination case for workplace retaliation.

Can HR fire you without proof?

Under at-will employment, HR can terminate employees without needing proof or a reason. This means they may end employment at any time.

How long does HR take to investigate a complaint?

Under California law, there isn't a specific timeframe for how long an HR investigation can take.

How to talk to HR about unfair treatment?

Report unfair treatment to your boss or HR department

Explain what's happened and why you feel the work environment is unsafe, and then you can ask for help or advice on the situation. Sometimes it can be beneficial to bring up unfair treatment as soon as it happens, before you've recorded months-long unfair treatment.

What is considered a hostile work environment?

A hostile work environment is one where the words and actions of a supervisor, manager or coworker negatively or severely impacts another employee's ability to complete their work. Any employee can be responsible for creating a hostile work environment.

Who is above HR in a company?

What Is Above HR in a Company? In a larger organization, HR managers and administrators may report to the HR Director, Vice President of Human Resources, or Chief Human Resources Officer. These senior HR executives support a company's growth through its personnel and oversee HR department functions.

What not to say when talking to HR?

Like talking about your coworkers, talking about your boss can land you in hot water with HR. It doesn't make any sense to discuss anything that can be mistaken for discrimination in any way.

What scares HR the most?

Does HR fire you or your manager?

HR gets its power from the top. They are endowed by the company president (or whoever is in charge.) So, if HR can fire employees against the will of the employees' managers, that power comes from the president or CEO, and that can be revoked. In other words, HR only has the final say when the CEO grants it.

Can HR legally ignore you?

When HR disregards your complaints, be sure to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC may investigate your employer and seek evidence, and may even recommend mediation so a resolution can be reached with the assistance of an objective third party.

What is an example of unfair termination?

Examples of wrongful termination

Your termination could be wrongful if your employer fired you: Due to discrimination. In violation of a federal or state labor law. Because you reported and refused to participate in harassment.

Can HR secretly record you?

The majority of states require that only one party needs to consent to a recording—whereas 13 states require all-party consent. All-party consent states include: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

Will I get fired for complaining to HR?

You may not be fired for making a complaint (whether to your own HR department or to the Equal Employment Opportunity Commission) about harassment or discrimination in the workplace; for participating in an investigation of these issues; or for exercising your rights under these laws (by, for example, requesting a ...

When should you file an HR complaint?

If there is illegal conduct with respect to how you are being treated in the workplace. If your manager is discriminating against you because of your race or national origin or some other protected area -- you should go to HR and file an official complaint. HR is legally bound to investigate the situation.

Can HR tell other companies you were fired?

Even if your previous employer doesn't disclose details of your termination, they may tell the potential employer that you were terminated, which doesn't reflect well on you if you stated that you were laid off.

What is unfair treatment at work?

making offensive comments or exposing a colleague to offensive material at work; treating one worker or group of workers less well than others in terms of pay, benefits, or privileges; terminating workers based on reasons other than performance or conduct; and. any conduct that makes someone uncomfortable at work.

How serious is an EEOC complaint?

If the EEOC believes there may have been discrimination, they will move on to formal investigation. EEOC charge transferred to investigation means the complaint has advanced to a more serious review. In a formal investigation, EEOC investigators may subpoena company documents and compel employees to provide statements.

Can HR tell you not to talk about something?

The NLRB found that this request violated employees' rights to discuss the terms and conditions of employment with each other. Prohibiting employee discussions of an ongoing investigation is allowed only if the employer can show that it has a legitimate business justification outweighing the employees' rights.