How to Know If an Employee Has Filed a Complaint
How you find out about an employee complaint will depend on the type of complaint filed. Many possibilities exist for filing a complaint against an employer. In unionized workplaces, the first level of complaint is often an internal grievance, and unrepresented employees who file an internal complaint will typically go to human resources or a senior manager. Serious complaints may also be filed with external agencies such as the Equal Employment Opportunity Commission or your state's Department of Fair Employment and Housing or equivalent.
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Instructions
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Review policies or the union contract. Most company's policies have procedures for internal complaints and union contracts typically have a detailed process for grievance handling. Particularly in the grievance situation, the complaint must be handled strictly according to the guidelines otherwise the grievance cannot be considered valid. Therefore if the grievance policy says step one is to submit the grievance in writing to the manager, and you have not received anything, the employee has likely not yet filed a grievance.
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Ask the company human resources department. Many employees will go to HR first when they have a complaint. Typically HR will notify the manager and commence an investigation or take other action as the department deems appropriate. However, you can call to check that no complaint has been received you are not aware of.
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Receive a copy of the employee's complaint. Some -- but not all -- employees will serve a copy of the complaint provided to an external agency to the employer at the same time. This is not a requirement, so the fact that you have not received this does not mean a complaint has not been filed.
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Receive a notice of the charge from a federal or state agency. Although the various notices differ by agency, it will typically address the employer as the defendant, include a copy of the employee's complaint and require a response or additional information within a specified time frame.
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Contact your local agency and ask if any complaints have been filed against the employer. The level of information you receive -- if any -- will vary by agency and state, and generally, the agency is unlikely to provide detailed information. But the fact that a charge exists is oftentimes public knowledge and may allow you to find out a complaint is coming before you receive official notification in the mail.
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Tips & Warnings
If you feel that an employee might file a complaint, don't ignore the problem. Instead, work with HR to resolve the issue at a lower level before a complaint is actually filed.
Don't question the employee's coworkers about whether the employee has made a complaint. You are certainly overstepping boundaries and might even be violating privacy guidelines or harassment regulations, depending on what you say. Treat employee disputes as a confidential matter.
