help from HR

[mbc]

What is the name of your state? Alabama

If an employee has a grievence with their supervisor because of verbal abuse and they go to Human Resources, which is out of town, for help, can this information be kept confidential from the supervisor? If they ask HR if this will be kept confidential and they say "yes" but then it gets back to the supervisor and causes termination, are there grounds for a lawsuit for not keeping the information confidential? How can an employee get a guarantee that the information will be kept confidential?

 

[cbg]

You can't.

HR will try to keep things confidential when possible, but it isn't always possible. There are some things that simply cannot be handled without divulging names. Besides, the possibility exists that the supervisor was able to figure out for him or herself who complained; after all, s/he knows what they said to who.

You cannot sue on the grounds of non-confidentiality.

 

[mbc]

can you be fired for talking to HR? i thought the purpose of having a HR is for employees to go when they cannot resolve problems themself and they need help. How can it be legal for what is said in confidence to HR to be used against them - especially when they are going to HR for help?

 

[cbg]

HR plays a difficult role. One of HR's functions is to be advocate for the employees, that's true. But since another of HR's functions is to keep the company legal, confidentiality cannot be guaranteed.

Let me give you an example. Suppose I'm your HR representative and you come to me and tell me that you're being sexually harassed, but that you don't want me to tell anyone. Under the law, I HAVE to report what you've told me to the upper management. Although it's not required that I tell the person who is harassing you what you've said, I would be violating the law if I did not take immediate action once you'd told me that. I would not be able to stay legal and still acede to your request that I tell no one. And since the manager KNOWS what has been said to you, even if no one tells him/her your name it's possible for him/her to figure out that you made the complaint.

Do you KNOW that HR broke confidentiality? Is there NO possible way that the supervisor could have figured out who complained without them giving your name? And for that matter, how did you expect HR to do anything about it if they couldn't use your name anywhere?

Whether or not you can be fired for going to HR depends upon whether or not your state protects internal complaints, and I'm afraid I don't know the answer to that question for your state. You can check that out with a local attorney or your state discrimination board.

It also depends upon whether or not the verbal abuse fits the legal definition of harassment, and you have not given me enough information for me to answer that question.