When Human Resources Fails: Steps Employees Can Take for Workplace Support
A human resources (HR) department plays a crucial role in creating a fair and supportive work environment, providing support in cases of discrimination, harassment, wrongful termination, and other workplace issues. However, there are instances when human resources (HR) may not act in the employee’s best interests, leading to frustration and a feeling of helplessness. When HR fails, employees can still pursue steps to seek justice and protect their rights. Here, we’ll outline practical steps employees can take when human resources (HR) fails to address or resolve workplace issues adequately.
Document Everything
The first step employees should take when facing unaddressed workplace issues is to document everything. Having a record of events, interactions, and correspondence can be vital if the case eventually requires legal intervention. Be sure to document:
- Dates and times of incidents
- Details of the situation or issue
- Names of individuals involved and witnesses, if any
- HR interactions, including emails, meeting notes, and responses
Documentation serves as evidence, which can strengthen your case and provide clarity when recalling events.
Seek Help from Other Management Levels
If HR is unresponsive or dismissive, employees can consider escalating the issue to higher levels of management, such as a department head, director, or even the company’s CEO. In some organizations, alternative avenues for reporting workplace concerns exist, like an employee ombudsperson. Express concerns professionally, citing evidence of issues and explaining previous attempts to resolve them with HR.
Know Your Rights Under Employment Laws
Federal and state laws provide rights and protections for employees. The Fair Labor Standards Act (FLSA), Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA), and Family and Medical Leave Act (FMLA) are just a few examples of employment laws designed to protect workers. Employees who understand these laws are better equipped to recognize when their rights are violated and can take action if HR fails to help. Consulting with an employment lawyer or legal resource center can provide further insight.
File a Complaint with the EEOC or Other Relevant Agencies
If the workplace issue involves discrimination or harassment based on race, gender, age, disability, or other protected characteristics, filing a complaint with the Equal Employment Opportunity Commission (EEOC) may be an appropriate step. In addition to the EEOC, state-specific labor boards or human rights commissions can address issues such as wage theft, unsafe working conditions, and unfair treatment. Filing a formal complaint often initiates an investigation, which may lead to disciplinary action against the employer if they are found in violation of employment laws.
Explore Alternative Dispute Resolution Options
In some cases, Alternative Dispute Resolution (ADR) methods such as mediation or arbitration may be an option. ADR allows parties to resolve disputes outside of court, often resulting in faster and less costly outcomes. Mediation involves a neutral third party who facilitates a dialogue between the employee and employer, aiming to reach a mutually agreeable resolution. Arbitration, on the other hand, is more binding but can still offer employees a fair way to resolve their issues.
Seek Legal Counsel
If workplace issues remain unresolved and HR continues to fail, consulting with an employment attorney may be necessary. A lawyer specializing in employment law can provide guidance, evaluate potential claims, and advise on next steps. Employment lawyers understand the complexities of workplace rights and can represent employees in legal proceedings if required.
When HR fails to address concerns, legal counsel can also assist in negotiating settlements, challenging wrongful termination, or pursuing compensation for damages such as lost wages or emotional distress. Many attorneys offer free consultations, which can help employees decide if pursuing a case is the right choice.
Consider Going Public as a Last Resort
Although it should be a last resort, some employees choose to go public with their experiences, especially in cases of widespread workplace issues or serious violations. Platforms like Glassdoor allow employees to leave reviews about their employer, which can increase transparency and warn potential employees of negative workplace practices. Social media and media outlets are also ways to raise awareness about workplace issues, though it’s crucial to consider the potential risks and backlash associated with going public.
Conclusion
When HR fails to provide adequate support, employees may feel isolated and helpless. However, knowing the available options can empower employees to address issues independently, seek external support, and pursue justice. Documentation, escalation, and understanding employment rights are foundational steps. If needed, employees can also turn to regulatory agencies, explore ADR, and seek legal counsel. While HR is expected to protect employees, these alternative steps offer a way to protect one’s rights and ensure a fair work environment.