By: Anne McCord
When complaints of misconduct are raised in the workplace, taking prompt action to investigate and resolve the issue is critical. But, what if you (the leader) did not know a complaint was made, or missed it? There can be serious consequences when complaints go unaddressed, including increased liability for the employer, time for additional claims to arise, and impacts to the workplace culture.
So, what is a “complaint” anyway?
Gone are the days when an employer can rely on a formal written complaint as the sole method to raise concerns. Workplace complaints can come forward in a variety of ways, some more subtle than others.
Written complaints are by far the most straightforward and easy to navigate but are not as common as one would think. Written complaints can come via ethics hotlines, emails, and written memos. At times, complaints via ethics hotlines and written memos can be “anonymous” which can feel daunting to investigate. Rest assured, in most cases, anonymous complaints are imminently manageable and can enlighten leadership about behaviors or activities that need to be addressed.
Leaders and Human Resources also must be mindful that complaints can be made in more subtle ways, including “venting,” exit interviews, public forums, and the water cooler.
Most HR professionals have had a situation where an employee meets with them and vents about their frustrations in the workplace. Sometimes these complaints are related to terms and conditions of employment (pay, shifts, workload). Other times, these concerns could require further investigation, including concerns about treatment by leadership, improper jokes in the work environment, conduct implicating Title VII, workplace harassment, or codes of conduct. Even when the employee says they do NOT want to file a complaint, that they just wanted to vent, or indicate the information is confidential, the employer is still on notice and action should be taken.
Exit interviews and turnover data can also highlight workplace concerns that could implicate a mandate to act. When there is a mass exodus from a department, or it is noted that a similar class of employee (race / gender / disability) are leaving a certain manager, it is incumbent up on leadership (and HR) to ensure exit data is being reviewed and analyzed to determine if there is something bigger happening. Exit interviews are extremely valuable when the information is available and monitored. We have seen investigations come out of exit interview data that suggests a male leader treats female subordinates inappropriately, leading to turnover.
Other ways workplace misconduct may become known are through online reviews or comments. Always be mindful about what is being said on Glassdoor, Indeed, and other public forums where current and former employees rate their organization.
Finally, while water cooler talk and the rumor mill can be frustrating for everyone. However, when complaints circulating on these informal channels could implicate policy or the law, dig in to find out if there is something more going on.
Leaders and HR professionals must remain vigilant and open to all forms of feedback—formal and informal. The days of relying solely on written complaints are behind us. A responsible and proactive approach means paying attention to subtle cues, patterns in data, and even offhand comments. Failing to recognize and address a complaint, regardless of how it surfaces, can expose an organization to significant legal, cultural, and reputational risks.
Creating a workplace culture where employees feel safe and heard requires consistent effort. That effort includes training managers to identify complaints in all forms, encouraging open communication, and ensuring robust documentation and follow-up when concerns arise. By taking all complaints seriously—no matter how they are presented—employers can foster trust, reduce risk, and build a more respectful and productive work environment.