3 ms·

> If you ever want to proceed with legal actions against the company then you have to put it into record somewhere which typically means reporting incidents to

> If you ever want to proceed with legal actions against the company then you have to put it into record somewhere which typically means reporting incidents to HR. This is not true. You don't have to record anything with HR for legal action. Its not a prerequisite by any means. Going to HR is always a wrong move. Get a lawyer.

anoncareer0212 7y ago
If you're ever lucky enough to need a lawyer for a situation like this, one of the first things they'll need is for you to report this to the company – it's very, very, difficult to argue negligence or retaliation if the company never heard about it in the first place
EpicEng 7y ago
My mother was a lawyer and did a lot of sexual harassment / workplace descriminiation work. Obviously that doesn't make me a lawyer or anything close to one, but she would have advised going to HR as soon as possible (I even asked just now to be sure.) It's important to document in/action and/or a pattern of abuse on the company's part. You can (and should) certainly document these things on your own, but if you never go to HR the company will have an avenue of escape open ("s/he never told us, this is a rogue manager, we had no idea", etc.) BTW, you sue your company and you're gone either way.
tomnipotent 7y ago
> Going to HR is always a wrong move. Get a lawyer. This is horrible advice. Going to HR is about leaving a paper trail, which is very important. No judge or arbitrator is going to give two hoots about i-said/they-said without (dated) documentation to back it up.
- AstralStorm 7y ago
  HR is not obligated to keep any paper trail, but if you went there, they can be made to testify under oath.
  - TallGuyShort 7y ago
    Victims are best off if they can keep their own paper trail - ideally using personal lines of communication or printing them immediately so the company can't "lose" them. As I mentioned in another comment, even IM'ing a fellow employee a casual comment along the lines of "didn't that bother you when the boss used the N-word" or something. Their response likely confirms that it happened. Casual chat to your HRBP in the hallway? Follow up with an email clarifying the important points. May sound awkward if you haven't before, but it's common: just prefacing it with, "I just wanted to make sure we're on the same page about where we left things: <bullet point summary of discussion and outcome>". In an HN discussion about dealing with medical billing / insurance people who screw you over, it was recommend to keep meticulous notes of everything, and that reading back specific dates and names of people you spoke to who contradicted the person you're speaking to now got people to take you seriously and fix their mistakes real quick. I have since found that to be true.
  - tomnipotent 7y ago
    Of course HR is not obligated. That's the whole problem in the first place. You're responsible for keeping your own paper trail.
vageli 7y ago
If you don't raise it to the company, how can you later prove they enabled this kind of workplace (or failed to remediate) if it was never raised to be addressed?

anoncareer0212 7y ago

If you're ever lucky enough to need a lawyer for a situation like this, one of the first things they'll need is for you to report this to the company – it's very, very, difficult to argue negligence or retaliation if the company never heard about it in the first place

EpicEng 7y ago

My mother was a lawyer and did a lot of sexual harassment / workplace descriminiation work. Obviously that doesn't make me a lawyer or anything close to one, but she would have advised going to HR as soon as possible (I even asked just now to be sure.) It's important to document in/action and/or a pattern of abuse on the company's part. You can (and should) certainly document these things on your own, but if you never go to HR the company will have an avenue of escape open ("s/he never told us, this is a rogue manager, we had no idea", etc.) BTW, you sue your company and you're gone either way.

tomnipotent 7y ago

> Going to HR is always a wrong move. Get a lawyer. This is horrible advice. Going to HR is about leaving a paper trail, which is very important. No judge or arbitrator is going to give two hoots about i-said/they-said without (dated) documentation to back it up.

AstralStorm 7y ago
HR is not obligated to keep any paper trail, but if you went there, they can be made to testify under oath.
- TallGuyShort 7y ago
  Victims are best off if they can keep their own paper trail - ideally using personal lines of communication or printing them immediately so the company can't "lose" them. As I mentioned in another comment, even IM'ing a fellow employee a casual comment along the lines of "didn't that bother you when the boss used the N-word" or something. Their response likely confirms that it happened. Casual chat to your HRBP in the hallway? Follow up with an email clarifying the important points. May sound awkward if you haven't before, but it's common: just prefacing it with, "I just wanted to make sure we're on the same page about where we left things: <bullet point summary of discussion and outcome>". In an HN discussion about dealing with medical billing / insurance people who screw you over, it was recommend to keep meticulous notes of everything, and that reading back specific dates and names of people you spoke to who contradicted the person you're speaking to now got people to take you seriously and fix their mistakes real quick. I have since found that to be true.
- tomnipotent 7y ago
  Of course HR is not obligated. That's the whole problem in the first place. You're responsible for keeping your own paper trail.

vageli 7y ago

If you don't raise it to the company, how can you later prove they enabled this kind of workplace (or failed to remediate) if it was never raised to be addressed?