How can employees deal with issues and problems when there is no Human Resources staff to confide in and seek help or assistance in addressing common problems. Is it even legal for a retail store not to have an HR department? These questions were asked by a reader and, as often is the case, you may seek these answers, too.
Problems With Not Providing HR in an Organization
It's certainly possible and more common than it should be for companies of any sort to reach 50 employees with no dedicated HR person. And, unfortunately, many companies that do begin to have HR at about that stage, do so by saying, “Hey, Jane, you're now in charge of HR.” Jane became in charge of HR usually because she was already performing some HR functions such as paying employees, often from the finance department.
Jane has no real training in HR, but she says, “What the heck, this is easy enough. Hiring, firing. Got it.” HR does far more than that, but without an experienced person on board, it's tough to know what you need to do. Only an experienced HR person understands and can accomplish the full breadth of the job.
For instance, several laws kick in when you employ 50 people, like the Family Medical Leave Act (FMLA). Once you have 50 employees within a 50 miles radius, you're subject to those laws, even if no one knows what they are or how to administer them.
Of course, you, as an employee, can't make your bosses see the value in a dedicated HR manager, but just because there isn't one, doesn't mean that the functions aren't done. For instance, just because you have no HR manager doesn't mean that if you have a baby or get cancer, you aren't entitled to take up to 12 weeks off for recovery.
If your coworker is sexually harassing you, the company is still obligated to stop the harassment, even without an HR manager to conduct the investigation. In other words, not having an HR manager is a pain in the neck for the management team, but it shouldn't be for the employees.
It doesn't always work correctly (and, that is why you should think about dedicated HR before you reach 50 employees), which can leave the employees feeling they have nowhere to turn.
What to Do if You Have No HR Manager
Here's what you can do in this situation.
Remember that HR is never the boss. While it's nice to have an HR manager, they aren't the saviors for bad management. A good HR manager will listen to employees, investigate problems, and ensure proper application of all relevant laws. But, an HR manager only has as much power as her boss gives her.
So, if an HR manager says to the boss, “The scheduling is unfair and a violation of federal law because men are given the best shifts,” and the boss says, “Well, I don't care,” there's nothing she can do about it other than report it to the proper federal or state agency. You can do this as well.
You can report problems to your boss. In many companies, even with HR departments, the first step for any problem is the direct supervisor and then the boss's boss. In your case, since there is no HR department at all, you must use this reporting technique.
If your direct supervisor is the problem, you can report the issue to her boss, all the way up to the president of the company. If the company president won't address the problem, remember, he wouldn't do it if an HR manager existed either.
Educate yourself. While HR managers are really there to protect the business, good ones know that a business is most successful when the employees are treated well. Without that help, you can feel alone. It's possible to educate yourself on your rights.
Start with the HR content on TheBalanceCareers.com. Another source that is highly recommended is employment attorney, Donna Ballman's book, "Stand Up For Yourself Without Getting Fired: Resolve Workplace Crises Before You Quit, Get Axed or Sue the Bastards." Ballman's book should be on every employee's bookshelf, but especially on yours, since you have no HR department.
Ask management who the dedicated HR person is. While there isn't an HR manager, somebody has to do those tasks. Somebody has to make job offers and determine salaries. Someone has to fill out the leave of absence paperwork.
Somebody has to make the decision on company health insurance. That person should be the most knowledgeable about what is going on, even if she isn't well versed in what an HR manager should do. Go ahead and speak to that person about your concerns and questions. You may find that their experience can help you.
Hopefully, the management at your company will realize that whatever money they save by not paying for an HR manager, they are losing in not having a skilled person running the people side of things. Just one lawsuit can cripple a small business, possibly forever—far more than paying a professional to handle the HR tasks.
While you might think that sexual harassment in the workplace is an artifact from Mad Men days, it’s unfortunately still alive and well. It might not be as overt as Joan Harris being asked to sleep with a prospective client in order to secure her partnership or like the allegations of men in Hollywood who pressured women into sex acts with promises and threats, but that doesn’t mean it’s not happening. In fact, a survey by Cosmo that included 2,235 full and part-time female employees found that one in three women had been sexually harassed at work.
The #MeToo movement is about two related things: Sexual assault and sexual harassment. Some women share their stories, while others simply write #MeToo to stand in solidarity with other survivors. The stories that have emerged in the last several months are heartbreaking, harrowing, and all-too-familiar.
I once posted a Facebook status that said “That moment when you realize that you should probably just assume every woman you know is a sexual assault survivor.” It was weeks before the allegations against Harvey Weinstein exploded onto every news site; weeks before the #MeToo campaign highlighted just how true that statement is. I was being a little bit glib, a little bit bitter, but I just felt so defeated by the prevalence of sexual assault in our culture.
So with that feeling in mind, here are the steps you can take if you’ve been sexually harassed at work and don’t have an HR department, according to experts.
1. Ask The Harasser To Stop
Jana Tulloch of DevelopIntelligence tells Bustle that the first thing someone experiencing harassment at work should do is ask the harasser to stop.
“Identify the actions, let them know that you consider the actions unacceptable or unwanted, and request that they stop,” Tulloch says. “If it continues, you should speak to your immediate manager and report the incident.”
Jennifer Oswald, founder of the recruiting and HR company WeMoxie, agrees. “Long before I even knew what harassment or HR was, I had a #MeToo moment,” Oswald tells Bustle. “I was 16. It was my second job. It was my male boss. It was a restaurant. Who did I tell? No one. Now I know better. For anyone who may find themselves in a similar situation, here’s some advice. If you feel comfortable, say something to the person whose behavior is not appropriate. If you’re not comfortable (it’s your boss), report the incident to the next person in charge.”
One caveat, however: If you don’t feel safe asking the person to stop — or you fear they might retaliate before you have a chance to take it to someone higher up in the company — it’s OK to skip this step.
2. Bring The Issue To The Top Person
Of course, the issue becomes a lot more complicated when the harasser is your manager or someone else with more power than you have at the company. When there’s no HR department to report problems to, Tulloch says that the next step is to bring the issue to the highest-ranking person in the company. If they’re doing their job properly, they’ll “bring in outside legal counsel or an experienced investigator to look into the allegation and recommend solutions.”
3. Report It To The EEOC
The EEOC is the U.S. Equal Employment Opportunity Commission. They’re the government agency in charge of investigating allegations of workplace harassment. If you feel like your complaint wasn’t handled properly — or that you were retaliated against for making the complaint in the first place — you can file a complaint with the EEOC.
“Federal legislation only covers private employers with over 15 employees; if that is the case, then the complainant could lodge a complaint via the EEOC to be investigated,” Tulloch says. “For employers with less than 15 employees, individuals would need to take a look at the laws in their state regulating the various types of harassment and where they should file their report. If individuals are unsure, they could check with the EEOC as their first step who would be able to provide state-specific direction.”
Turns out, employers can actually be held liable for the actions their employees take. It’s your boss’ responsibility to provide a harassment-free work environment and Tulloch says that they’re “held automatically liable for harassment carried out by a supervisor that resulted in a 'negative' work experience such as a demotion, loss of promotion, reduced wages, or termination.” That means that regardless of whether or not your company has an HR department, they’re legally responsible for any harassment that happens under their roof.
4. Follow These Reporting Best Practices
There are also some best practices for reporting workplace sexual harassment. “Record the incident on paper while it is fresh in your mind,” Oswald says. “State the facts, and mention anyone who witnessed the incident. First and foremost, share this information with a supervisor as an incident report. Don’t share with co-workers before you report to a supervisor, as that may dilute the facts.”
And most importantly, remember: The harassment you’ve suffered is not your fault. That person chose to treat you in a dehumanizing, crappy way and that was their problem, not yours. Also? #MeToo.
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