TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

MAY 2010: HOW TO REPORT MANAGERIAL MISCONDUCT*

As discussed in the April 2010 Monthly Tip, whether or not to report managerial misconduct is one of the more difficult issues an employee will have to face during their career. Once you have weighed the pros and cons of reporting the misconduct the next issue is how it should be reported.

With very few exceptions, a report of managerial misconduct should be made in writing. The target should be HR (depending on the relationship of your manager’s boss you may consider copying that person as well). The complaint should be sent by email so there is proof of when and to whom you sent it. The email should have a professional tone and set forth the allegations and the factual basis to support them. Otherwise, without a paper trail you leave yourself exposed to claims that you never reported the matter or that you only made an allegation without any support for it.

I also would suggest that you not ask it be kept confidential. First, it never will be kept confidential. Particularly, where the allegations raise issues of criminality or an unsafe working environment. Second, if your manager continues the improper behavior you limit your ability to complain because you asked the company not to do anything.

Next Month's Tip: CAN I NEGOTIATE OUT OF A NON-COMPETE?

Monthly Tip Archive

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* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.