Multiple complaint reporting avenues can help avoid liability

Q         Can an employee bypass her supervisor and go straight to HR just because she has been written up previously?

A   Although the question of whether an employee can bypass a supervisor to lodge a complaint with HR seems simple (there’s no law stating an employee can’t bring a complaint to any member of management), it raises an important issue: Do you want to obstruct an employee from bringing a complaint to someone other than her direct supervisor?

Complaint reporting procedures are one of the most common policies found in an employee handbook, and employers often believe they need to have a singular, well-defined avenue designated for employees to raise their concerns in the workplace. Such policies and practices provide both consistency for the employee and an expectation by the employer in terms of receiving complaints. Complaint reporting flexibility is key, however, both from a practical and legal standpoint.

The first potential legal issue that may result from restricting reporting avenues through a policy is an employee handbook breach of contract claim. Although South Carolina provides employers with a statutory weapon to wholly disclaim employee handbooks and written policies as noncontractual by following certain rules (S.C. Code Ann. § 41-1-110), they continue to ignore or simply be unaware of the option. In doing so, their use of mandatory language in a policy may give rise to a contract.