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complaint letter to hr

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complaint letter to hr
I submitted a complaint letter to HR in regards to my Manager Long Beach, CA | May 28, 2015 I submitted a complaint letter to HR in regards to my Manager. Someone told her and she confronted me about it in front of my coworker. I thought that HR Complaints were confidential?

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4 attorney answers Ask a question Browse related questions Michael Robert Kirschbaum 5.0 stars 17 reviews Employment / Labor Attorney | Irvine, CA Call Reveal number tel: 949-851-8090 View profile Posted May 28, 2015 9:04pm Mark as best answer Best Answer Thanks!

There is no confidential relationship between an employee and human resource employees. Complaining about a manager always carries risks. What is important is the nature of the complaint. If the complaint is about a matter which protected by law, it is unlawful for an employer to retaliate against the employee for making the complaint. For example, if you complained about the manager sexually harassing you, it is a protected activity and it would be illegal for the employer to retaliate. But if your complaint is about the manager treating you unfairly, that is not protected by law. One must carefully consider whether it is wise to complain against their manager.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

Ask a similar question More 0 found this answer helpful helpful votes | 3 lawyers agree Mark as helpful Helpful 0 comments See more Employment & Labor lawyers William F. Bernard 5.0 stars 23 reviews Estate Planning Attorney | , HI Call Reveal number tel: 949-698-6222 Message Private message View profile Posted May 28, 2015 9:06pm Mark as best answer Best Answer Thanks!

HR people aren’t doctors or priests; there’s no confidentiality statute and you shouldn’t assume confidentiality when talking to them, even if you’re at lunch. Even if you’re talking to them when you run into them at the grocery store over the weekend. HR is there to serve the company; their loyalty and responsibilities are to the employer. If they hear information that they judge needs to be shared or used to address a situation, their job obligates them to do that. A parallel: Imagine you’re a computer programmer and you learn there’s a serious bug in the software you’re working on, but you do nothing. You’d be being negligent and not doing your job, right? It’s the same thing with HR. Now, in some cases, you can talk to HR in confidence if you explicitly work out an understanding of confidentiality before you share. But even then, it might not really be kept confidential. I’ve seen plenty of cases where a HR person judged that the best interests of the company required that the information be passed along, even after promising confidentiality to the employee. DISCLAMER: The information provided by WFB Legal Consulting, Inc. is disseminated for educational purposes only, and is not to be construed as legal advice. Do not take any action, postpone any action, or decline to take any proposed action based on this information without first engaging the representation of a licensed attorney at law in your State of residence.

Please be advised that this communication is for general public informational use only and does not establish an attorney-client relationship.

Ask a similar question More 0 found this answer helpful helpful votes | 2 lawyers agree Mark as helpful Helpful 0 comments Neil Pedersen 5.0 stars 21 reviews Employment / Labor Attorney | Irvine, CA Call Reveal number tel: 949-260-1181 Message Private message View profile Posted May 28, 2015 9:15pm Mark as best answer Best Answer Thanks!

There is no law that requires complaints to HR to be confidential. It may be a company policy, but it is not the law. There are laws that prevent retaliation against you for making certain kinds of complaints. However, not all complaints to HR are considered protected conduct. If you were complaining about the manager's rude, angry, unreasonable or even irrational conduct toward you, it is likely not going to be legally protected conduct. If your complaint related to discrimination or harassment related to your membership in a protected class of people that complaint is legally protected. Similarly, if you complained about being subjected to mistreatment because you engaged in some kind of legally protected conduct, like taking protected leave, making a workers compensation report, or reported unlawful or unethical conduct internally or to an outside agency, that would be protected as well.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

Ask a similar question More 1 found this answer helpful helpful votes | 4 lawyers agree Mark as helpful Helpful 2 comments Asker Posted May 28, 2015 9:25pm Hi Mr. Pedersen, I appreciate your response. The complaint was in regards to my Manager being consistently out of the office for the past 3 years. I work directly under her so it was added stress on me and I felt that it needed to be addressed.

Neil Pedersen 5.0 stars 21 reviews Employment / Labor Attorney | Irvine, CA Posted May 28, 2015 9:30pm Understood. That kind of complaint will not be considered protected conduct and retaliation by your manager will not be considered unlawful. Sorry.

Patrick John Phillips 5.0 stars 5 reviews Personal Injury Lawyer | San Diego, CA Call Reveal number tel: 858-925-7184 Message Private message View profile Posted May 29, 2015 12:22am Mark as best answer Best Answer Thanks!

It is a common misconception that HR exists to protect employees and must operate as a neutral third party. The reality is that HR is just another branch of the company. It owes you no duty of confidentiality or impartiality, and its true purpose is to help the company avoid legal liability. Regretfully, this means that your company's HR department did not violate the law by disclosing a complaint you made about your manager. I am sorry.

This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.

Ask a similar question More 0 found this answer helpful helpful votes | 3 lawyers agree Mark as helpful Helpful 0 comments

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