How To File A Complaint With Human Resources in California?

As an employee, you have certain rights. You have the right to work in an environment free from harassment and intimidation. Your employer cannot discriminate against you regarding hiring, promotion or discipline based on sex, gender, disability, race, age, medical condition or other protected factors.

Most employers of size in California seek to comply with employment laws and have procedures in place to handle allegations of discrimination, harassment and other employment law violations. Going through channels and following those procedures can strengthen an employment law claim.

However, going to the “boss” or above has risks as management and Human Resources may privately seek to unlawfully protect the wrongdoers and falsely accuse and denigrate the victim.

If you have suffered discrimination or harassment in the workplace, the Law Offices of Reisner & King LLP would like to hear from you. Call us at 818-981-0901 and an attorney can explain your rights and legal options.

What To Do If You Suffer Discrimination Or Harassment

The following information is general advice regarding how to file a complaint with Human Resources at your employer:

Go through proper channels— It is best to go through the proper channels and chain of command when making a formal complaint to your employer. Consult the employee manual and an attorney for directives on where and how to formally complain.

Read the employee handbook— Companies may have written guidelines for handling the reporting of complaints. These policies may be specified in the employee handbook and may designate a specific department to receive complaints. The handbook may also have important information regarding how to file a complaint or request assistance from Human Resources or management.

Put your complaint or complaints in writing— There is inherent risk of unlawful retaliation when making a formal complaint to an employer. Make sure to specify in a written complaint the type of behavior you find objectionable or the mistreatment you have experienced. If you believe the conduct was unlawful or based on a protected characteristic such as race, sex, gender or disability, make sure to include these protected reasons as well. Also, provide examples of harassment or discriminatory conduct, such as being called discriminatory names. Send the complaint letter by a proven method of delivery and always keep copies of the complaints you submit.

Identify witnesses— Write down the names of people in your workplace who were present when you were harassed or bullied. Note the date and time when they were present.

Keep a diary and notes— This can provide important evidence concerning the sequence of events and the effect those events are having on your professional and emotional life.

Conduct yourself in a dignified manner— Regardless of what people say to you, try to stay calm and professional. Make sure you are meeting all the objective criteria of the job, i.e., showing up on time and performing your duties. Remember, you have the law on your side, and with experienced legal representation, you may get the satisfaction of winning in the end.

Be a good employee— It may be difficult, but do your best to fulfill your duties as an employee. Be respectful to management and your fellow employees. Get to work on time. When making complaints to Human Resources or your supervisor or when commenting on the behavior of others in the workplace, don’t use hostile, profane or rude language.

Seek Legal Help, Sooner Rather Than Later

Many employees are conditioned to tolerate harassment or discrimination in the workplace. Others may be too intimidated to respond or simply hope that the problem goes away. But often, the problem only gets worse as time passes.

At Reisner & King, we provide results-oriented representation in cases involving discrimination, sexual harassment and other illegal employment practices. If we believe your case has merit, we will zealously represent you, seeking full compensation for your economic and noneconomic losses.