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Open door policy at work is a policy that is followed so that employees can come and voice their concerns about the work or the work place without being afraid of retaliation by the employer. This policy is initiated at the work place by the employer itself. Below are a few questions that have been answered regarding open door policy: What options do employees have if supervisors retaliate after having open door discussions?
The foremost thing an employee may do is to send a letter to the CEO of the company providing details of the retaliation one had to face after using the open door policy. One should make sure that a copy of the letter is sent to the HR and the letter should be sent through certified mail. One should mention on the letter that due to the company’s open door policy, concerns were voiced. However, this has led to harassment and that one would want the harassment to cease. Also, one should indicate in the letter that the employee wishes to have the issue resolved internally, but would be compelled to seek legal action if the harassment continues. In the event of an employee being suspended after using the open door policy, what action can the employee take?
The foremost thing that needs to be done is for the employee to file a complaint with the HR department of the company. A company may fire an employee without a reason if one resides in an at-will employment state. It is possible to file a wrongful termination case if the employee was fired in breach of the company policies. In most of the cases, issues are resolved internally without the need for legal intervention. Would it be okay for an employer to bully an employee after the employee has used the open door policy?
At this point of time there is no law against general harassment or workplace bullying, but some states are contemplating workplace dignity laws. However, if the bullying involved race, sex, age, or disability discrimination, then there are laws to curb it. The normal procedure would be for an employee to remedy the situation internally by filing a complaint with the company HR. In a majority of the instances, the person involved would be held accountable for their actions by the company, but they are not legally required to do so. When an employee uses the open door policy, would it be legal for the employer to use unprofessional conduct towards that employee?
If the employee is working in an at-will employment state, the employer may fire an employee at any point of time and for any reason. Further, the employer may behave in an unprofessional manner or use abusive language as long as the employer does not discriminate between employees on aspects such as race, sex, age, or disability. Some comments may be construed as sexual harassment or illegal discrimination, but apart from this the employer’s conduct is unlikely to be considered as unlawful. Post the open door discussion, if an employer starts harassing the employees; would it be considered as retaliation?
This may be construed as retaliation in some scenarios. Unless there is no discrimination based on race, sex, age and disability; an employer may discipline an employee. General workplace harassment from an employer may not always be unlawful. One may consider approaching the HR with the issue at hand and file a complaint if the harassment continues. In most of the cases such an action would remedy the issue and no further action may be required.
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