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Should I mention my problems to Human Resources?

A: It depends. Sometimes it would be a complete waste of time. For example, if your supervisor terminates your employment and escorts you off of the premises, stating that the reason you’re being fired is because of your race, it would probably be of little use to try and complain to your employer’s human resources department. Irreparable harm has already been done.

However, more times than not, it is preferable to first try and let your employer fix the problems, internally, before you institute proceedings with the U.S. Equal Employment Opportunity Commission or the courts. First, if the employer is willing to resolve the dispute to your satisfaction, you may be able to save yourself a great deal of time and energy. Often times, the offender is someone with whom the company is familiar with or has had problems with before. Your incident could be the last straw for the offender.

Second, in some instances, particularly in the sexual harassment context, the alleged discriminatory conduct has to be severe and pervasive; one incident is likely not enough. Consequently, by putting your employer on notice the first time around, the more you help to bolster your case further down the line. Finally, in order to recover punitive damages, in many instances you have to show that you took advantage of the employer’s internal dispute resolution procedure.

Whether to consult HR will depend upon the particular facts and circumstances at issue in your case. Obtaining an informed legal opinion as early in the process as possible can help you decide the best course of action to take.

Call the lawyers at Bucci & Dix, LLC today for a free consultation. (804) 332-5250.