An employee filed a complaint. Now what?

What you do in the first 48 hours matters more than the complaint itself. Handle it well and it is resolved. Handle it wrong, especially by retaliating, and you've created a bigger claim than the one you started with.

A complaint is stressful precisely because the instinct to make it go away is the instinct that gets employers sued. The law doesn't expect you to be perfect. It expects you to take it seriously, act promptly, and not punish the person who raised it. Here is the sequence.

What should I do first?

• Take it seriously and act promptly. Delay looks like indifference and lets the situation escalate. A prompt, good-faith response is your strongest defense.
• Document what was reported. Write down who, what, when and where, in the complainant's words, as soon as possible.
• Keep it as confidential as you reasonably can. Share only with those who need to know to investigate and respond.
• Separate the parties if needed, without punishing the person who complained. Don't move or demote them to solve it.
• Investigate. Interview the parties and witnesses, gather relevant records, and reach a reasoned conclusion.

What should I never do?

• Retaliate. Cutting hours, changing shifts, cold-shouldering or firing the complainant is often a worse legal problem than the original complaint, even if the complaint turns out to be unfounded.
• Ignore it, or handle it informally because you like the accused.
• Promise an outcome before you've investigated.
• Let someone with a conflict investigate, including yourself, if you're involved.

When should I bring in an outside investigator?

Some complaints are too serious or too conflicted to handle in-house. Allegations against an owner or senior leader, anything involving potential legal exposure, or a small team where no one is truly neutral. A trained, independent investigator produces a credible, defensible record, and the fact that you brought one in is itself evidence you took it seriously.

This guide is general HR information from Luman Group, not legal advice. Employment law varies by state and changes over time. For your own situation, talk to an employment attorney, or call us and we will point you the right way.