Business owners pour years of blood, sweat, and tears into building their companies. Managers invest their time and energy in leading and supporting their teams. Given that level of personal investment, it is understandable that workplace complaints can sometimes feel personal. However, one of the most important lessons employers and managers should understand is that employee complaints are not personal attacks—they are protected workplace issues that should be addressed professionally and objectively. In fact, taking complaints personally is often where legal problems begin. The legal risk often is not from the complaint, but from the response to it.
Regardless of what the complaint is about or whether it is ultimately substantiated, simply raising a concern is protected by law. An employee’s complaint is not a judgment about a manager’s character, leadership ability, or intentions; it is the employee’s attempt to address an issue they perceive in the workplace. Employment laws are designed to enable workers to voice concerns without fear of punishment or reprisal. Allowing the complaint process to run its course benefits both employers and employees. A fair and objective review is the built-in mechanism for the company to identify and correct existing issues and reduce legal risk. Even when a complaint is not supported by the facts, a thoughtful response can help the employee better understand what is and is not permitted in the workplace.
It is when the owner or manager views a complaint as a personal attack that decision-making becomes clouded. Consider a common scenario. An employee complains about discrimination or unfair treatment. The supervisor feels offended by the accusation. Feeling offended or hurt by what they believe are unfounded and unfair allegations, the supervisor responds in kind. The supervisor repeatedly criticizes the employee and publicly highlights minor issues with the employee. The whole complaint resolution process breaks down. As an employer, the last thing you want is for a manager to retaliate against an employee, even if it feels warranted under the circumstances.
There is a reason so many organizations offer dispute resolution, ombudsmen, or mediation. Healthy discourse may not resolve the issues, but it goes a long way toward removing the personal feelings from it, which allows the matter to be handled appropriately.
Employers can often avoid these issues through preparation. Training yourself and your management team for potential employee complaints so they know the correct way to handle them ahead of time is crucial. Understanding that workplace complaints should trigger a process, not an emotional reaction, ensures that concerns are handled fairly, professionally, and consistently, even if the complaint does include personal attacks.
Effective training helps leaders recognize common mistakes that can create liability. These include:
Training also benefits organizations by creating consistency. When managers understand their responsibilities, they are more likely to respond to complaints in a measured and uniform manner. Consistency not only reduces legal risk but also promotes trust within the workforce. Employees are more likely to raise concerns internally when they believe those concerns will be handled professionally and without retaliation. They will also be more willing to accept the results of the process, even if it is not in their favor, when the process is applied fairly.
A clear and uniform complaint resolution process can help identify issues even when the complaint is unsubstantiated. It may reveal communication breakdowns, management challenges, morale issues, or policy gaps that deserve attention. Leaders who approach complaints with curiosity rather than defensiveness are often better positioned to identify and address problems before they escalate. As Walt Whitman (and Ted Lasso) is often attributed with saying, “Be curious, not judgmental.”
The most effective leaders understand that a complaint is not a personal attack; it is a workplace event, and potentially an opportunity, that requires a professional response. Employment law training provides the tools to make that distinction, helping businesses protect both their people and their organizations.
Luchansky Law can help you reduce legal risk by putting the right processes into place ahead of time and can provide real-time guidance and training to your HR and management teams so you can follow your documented procedures with confidence. Call us at 410.522.1020, or email me today at alan@luchanskylaw.com.
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