Rising Star
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Bowl Leader
What happens at RIMS? Is it worth going to?
I hope my manager rotten in hell!!!!😡😡😡
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I try to be pretty transparent that I don't always have the option to not escalate if it's a major ethical or legal violation. I start every conversation with the fact that confidentiality just isn't always feasible but I'll do my best. Yes, I would love to be able to honor every single employee request. But ultimately I have to do my job and doing what's right comes before doing what people would prefer.
Rising Star
Exactly !
Chief
If the "serious issue" is an allegation of illegal behavior, there is NO "not escalating" it. It MUST be investigated; there is no option otherwise.
If they have a major complaint about their boss, I ask them what they want me to do -- anything, or are they just venting? When they say something like "I just want it on the record" (something that annoys me no end -- it means they want something done about it but are too chicken to have me do anything), I just say OK unless, again, they're alleging something illegal. I can't help them if they don't want me to speak with their manager. I do ask if THEY have spoken to their manager, which is the first thing they should do if their serious issue is how their manager treats or manages them.
I am VERY clear that there is no guarantee of confidentiality when they bring an allegation of illegal behavior to my attention -- I WILL investigate it, and it's not always possible to investigate something without others knowing about it.
Before they begin, I let them know that I am a strong advocate for protecting confidentiality, but some issues simply can't be ignored because of the liabilities they could create. I let them know I will do as much as I can to keep it as confidential as possible, but if it crosses a legal boundary, then there will need to be some interviews conducted, which might have others guessing by way of involvement level/awareness, but retaliation will not be allowed or tolerated. If they are unsure, they can give me a roundabout hypothetical situation, and I then let them know if I will be able to keep it between just us, or that it might require more involvement.
Precisely. So they already know my answer. They should already have a basic understanding of what the difference is, since non-discrimination policies are discussed and signed off annually. It's just a little reminder in case they forgot.
That's such a hard position to be put in. I want to say I'd respect the employee's wishes, but depending on the subject matter, doing so could potentially put my job at risk. I don't have any one-size-fits-all guidance for this situation. If I was in your shoes, I would have looked for some middle ground option where I was able to report the issue without naming the employee directly. And obviously communicating that intention to them with the hopes of getting their support.
Chief
I hope you're not applying that line of thought to allegations of illegal behavior such as harassment or discrimination.
There are intrinsic responsibilities that fall on all company management staff, and HR is part of every companies management staff. Although HR staff advocate for all, they primarily advocate for ensuring that employees are treated equitably in accordance with laws, regulations, and policies/procedures. When someone comes to me with a concern or complaint, regardless of our personal friendship, they are coming to “HR” to advise us/me that something is outside the parameters of equity. Right or wrong, it is their perspective. Accordingly, we can never take off our “HR hat” and leave a valid, reportable complaint alone to fester into a bigger concern in the future. It is always better to address concerns/complaints while they are “low-hanging fruit” than to have to cut down the tree later. All complainants have a right to privacy until it can no longer be private due to the nature of the complaint. But we do have a responsibility to maintain the anonymity of the concerned person or complainant, if legally and ethically possible. How we communicate this is the key to ensuring that some does not feel betrayed if the issue becomes public.
I have had this exact issue, and I advised the employee that I did need to escalate the issue, due to the severity of allegation. This was something that the business needed to act on quickly but it is something that I must report. The employee MUST be told if they pass something on in confidence, but you feel duty bound to escalate and disclose.
There will be times when people can come to HR in confidence, but that should be with minor issues. Anything that is a major concern should be flagged, due to the potential risk element alone.