Reprinted from the July 1, 2006 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

Suspicious Safety Complaints

Safety complaints shouldn’t be taken lightly. Especially when the complaint alleges that the health and safety of employees and customers is in jeopardy. But what if you suspect that the complaining employee has ulterior motives for filing the complaint? Does that diminish the urgency with which you must respond?

Complaints Filed

“I know you’re dying to work as a cook. As soon as our current cook retires, I’ll see what I can do about getting you some of his hours,” promised manager Tessa MacMahon to Sharon Michaels.

Ultimately, the cook’s hours didn’t go to Michaels. Upset, Michaels began documenting the new cook’s performance and noted that she was preparing food in an unsanitary and unsafe manner.

“It’s all documented right here,” proclaimed Michaels, waving a sheet of paper. “Ametha doesn’t wear a hairnet, she doesn’t wash her hands, she undercooks meat and poultry. The list goes on and on. Frankly, I’m afraid to eat the food here.”

“Those are some serious allegations. Have you actually observed Ametha engaging in these practices?” MacMahon inquired.

“Of course I have.”

“Okay. Leave your list with me, and I’ll look into the matter.”

Suspicions Raised

A few hours later Michaels returned to MacMahon’s office. “You know, I was thinking,” she started. “I know Ametha needs the job, so I’d be willing to forget my list of complaints and not voice them to another soul if you’d give me a better work schedule.”

“Are you serious?” asked an astonished MacMahon.

“I am. You have my word. I’ll forget what I saw.”

“Something tells me you saw nothing; that your complaints are completely bogus,” the manager accused her. “You’re just trying to blackmail me into giving you a better schedule.”

“I am not. I —”

“Don’t say another word. You’ve already said enough,” MacMahon interjected.

MacMahon decided she didn’t want someone with such questionable ethics on her staff, so she fired the employee without ever looking into her complaints. Michaels responded with a wrongful termination claim.

Under state law, an employee fired in violation of a public policy may have a claim for wrongful discharge. The public policy that came into play here, said an appeals court, is one that protects the public’s health and welfare through the use of safe food-handling procedures. Consequently, the court found that firing Michaels for complaining about her co-worker’s violation of this policy amounted to wrongful termination.

Motives Shouldn’t Matter

It’s important to note that the court failed to address the employee’s motives for filing her complaint. Apparently, it didn’t matter to the court that she filed the complaints shortly after being passed over for a position she wanted, and offered to drop her complaints if her manager met her demands. Therefore, it shouldn’t matter to you either. Always take safety complaints to heart, even if you think the employee’s motives are suspect.

• Start by gathering the facts. Did the employee actually see the safety infraction? Note all of the specifics. Then verify them with the employee. If the employee offers conflicting details, call him/her on it.

• Never verbalize that you suspect the employee’s motive for complaining has little to do with safety and more to do with getting even with you, a co-worker, etc. Just thank the employee for bringing the infraction to your attention, and stress that the company takes safety very seriously.

• Remind the employee that he/she will not be subject to discipline for filing a complaint in good faith, even if the complaint is found to be meritless. Note, however, that complaints filed in bad faith will result in discipline, up to and including termination.

• If you discover that the complaint is groundless, look for evidence that the employee made the complaint out of spite, and not a concern for safety. For example, was the employee’s evidence fabricated? Did a co-worker overhear the employee vow revenge?

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