THE ARTICLE AT A GLANCE
Keep complaints as confidential as practical, verify the facts, and give employees enough information to respond without promising anonymity.
Quick answer: Usually not. Employers generally do not have to disclose who raised a workplace complaint, but they should avoid promising complete anonymity. Workplace concerns should be handled as confidentially as possible while still allowing a fair investigation and giving employees enough information to respond to the allegations.
Question: I’ve received several employee complaints about one of our front desk administrators. Before I meet with them, I know they’ll probably ask who reported them. Am I required to identify the employee who made the complaint, or can I keep workplace complaints confidential?
The legal side: In most situations, you are not legally required to identify the employee or employees who made a workplace complaint. If you have independently confirmed a legitimate performance or conduct issue, you may address the issue without centering the conversation on who raised it.
Employers should distinguish legitimate workplace concerns from routine interpersonal complaints. Promise only that complaints will be kept as confidential as possible, and limit discussions to those who have a legitimate business need to know.
There are exceptions. Certain workplace investigations, such as those involving allegations of harassment, discrimination, violence, or other serious misconduct, may require sharing more information so the employee has a fair opportunity to respond. Even then, it is usually unnecessary to reveal who made the complaint unless doing so is required by the circumstances or legal process. Remind everyone involved that retaliation against an employee for raising or participating in a protected complaint is prohibited.
One of the most common mistakes employers make is promising employees that their complaint will remain completely anonymous. In reality, employers can often maintain confidentiality, but they cannot always guarantee anonymity. Setting realistic expectations at the beginning of a workplace investigation helps build trust and avoids misunderstandings later.
The human side: One of the quickest ways to destroy trust in a workplace is to let employees believe that speaking up means they will immediately be identified to the person they are concerned about. At the same time, managers should distinguish concerns that require action from routine personality conflicts or complaints about minor irritations.
Unfortunately, employees who are being coached often become more interested in finding out who complained about them rather than fixing the problem. Don’t let the conversation go there.
If the employee asks who complained, it’s perfectly appropriate to respond with something like:
“I reviewed the call and heard how you spoke with the patient. We need to focus on what happened and what we expect moving forward.”
“I’m not here to discuss who raised the concern. I’m here to discuss the behavior and what we need moving forward.”
Then redirect the conversation back to specific examples and clear expectations.
Also remember that multiple employees raising the same concern doesn’t automatically mean the concern is accurate. Before coaching or disciplining someone, make sure you’ve gathered enough information to determine whether the issue actually exists. Sometimes complaints are well-founded. Other times they’re the product of personality conflicts or misunderstandings.
You should always make sure that employee complaints and the conversations related to them are formally documented. We recommend using the Employee Concern form and the Employee Interaction Log for this purpose. You can upload these documents to backstageHR™ and keep them organized for future reference.
Typically, no. Employers are usually not required to identify employees who raise workplace concerns
No. Instead, explain that you’ll keep the matter as confidential as possible while conducting a fair review and sharing information only with those who need to know.
Stay focused on the behavior, not the source. Explain that your concern is resolving the workplace issue, regardless of who brought it to your attention.
Most of the time, no. Employers should explain that complaints will be handled as confidentially as possible but should avoid guaranteeing complete anonymity.
Managers should evaluate every workplace complaint, but not every concern requires formal discipline. Employers should first determine whether the reported behavior actually occurred before taking corrective action.
Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
Did overtime become tax-free? No. The law created a federal income tax deduction for the premium portion of qualifying overtime...
THE ARTICLE AT A GLANCE Key takeaways Overtime calculations depend on the workweek, actual hours, and all compensation included in...
Employers have always needed to be vigilant about complying with immigration laws, most especially with federal I-9 forms and E-Verify...
You can generally require that an employee use their paid vacation time toward any time off they take.
