Managing Constant Complainers

(Published March 1, 2009)

Reprinted from MANAGER'S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through scenarios based on real-life cases. 

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Listening to an employee's constant complaints can wear a manager down. If the complaints have no merit, you have no way to provide a resolution, and the employee remains dissatisfied, resulting in additional complaints. Acting out of frustration when responding to yet another complaint, though, can create more trouble than you started with.

Complaints Of Discrimination…

"Here we go again," manager Donald Bolton muttered to himself when he saw Reggie Cook approaching his office.

"I need to speak with you," Cook informed his manager.

"What is it this time, Reggie?" Bolton sighed.

"I want to know if you've changed your mind about allowing me to wear a jacket over my uniform," Cook stated.

"No, I have not changed my mind," a frustrated Bolton responded. "As we discussed already, it is against company policy for employees to wear coats over their uniforms."

"Then why are white employees allowed to do so?" Cook, who was black, questioned.

"Nobody is permitted to wear jackets over uniforms," Bolton corrected.

"I've seen them!" Cook protested."

"Reggie, I can assure you that any white worker who has worn a jacket over his uniform has been disciplined, just as you've been disciplined several times for wearing your coat," Bolton reiterated.

"That's what you want me to believe," Cook continued. "But what I really believe is that I've been the victim of discrimination."

"I've heard enough!" Bolton snapped, losing his cool. "You've repeatedly asked me for permission to break company rules, and you refuse to take 'no' for an answer. I can't take any more of your constant complaining…Get out of my office!"

…Lead To Charge Of Retaliation

Later that afternoon, Bolton issued Cook a warning for continued unacceptable conduct and behavior. 

"You are no longer allowed to meet with me on any issue that has been previously investigated and resolved. I especially do not want to hear any additional complaints about the jacket issue," Bolton declared. "In the future, I want you to discuss issues with your direct supervisor first, and then, if necessary, you can schedule an appointment with me through your supervisor.

"If you choose to continue conducting yourself in a disruptive manner, you will risk disciplinary action, up to and including termination," Bolton finished.

After Cook was fired a short time later for sleeping on the job, he claimed retaliation in court. He argued that he was the victim of retaliation because he was prohibited from contacting Bolton directly to discuss his discrimination concerns. Also, when he tried to report his discrimination complaints, Bolton told him to "get out of my office."

Appeals court: Bolton's ordering Cook out of his office did not demonstrate retaliatory animus. At most, it evidenced the manager's frustration with repeatedly having to tell the employee to follow the rules. Bolton placed reasonable restrictions on the employee's excessive and unsubstantiated claims of unfair treatment by requiring him to follow a structured process for filing complaints. Cook could not prove that white employees who wore jackets over their uniforms weren't reprimanded, nor could he show that white workers who repeatedly complained to Bolton weren't required to make appointments. Case dismissed.

Action Tips

Although this company came out on top in court, under different circumstances, a manager's frustration with a constant complainer could result in a company's legal loss. Here are best practices for handling a constant complainer.

• Nip constant complaining and negativity in the bud by letting your employees know what kind of behaviors you expect. Factor into performance evaluations employees' attitude and approach to workplace challenges.
  
• Acknowledge employees' complaints without reinforcing the negative behavior. Constant complainers thrive on sympathy and attention, so while it is essential that you address their concerns, be careful not to encourage their negativity.
  
• Take the focus off the problem and put it onto the solution. Require chronic complainers to come up with constructive ways to deal with the situation. Asking complainers to come up with possible solutions forces them to think beyond the complaint itself.
  
• Give constant complainers the benefit of the doubt, and take each complaint seriously. Just because an employee's previous discrimination claims were not substantiated does not mean the next one won't be valid.
  
• Don't take negative actions against a constant complainer without first documenting the unreasonableness of their conduct — and consulting with HR. Otherwise, a discrimination, retaliation, or labor complaint may not go your way.
  
• Avoid hiring constant complainers in the first place. During the interview, assess how they have dealt with difficult workplace issues in the past. Did they rise to the challenge, focus on finding a solution, etc.? Or did they put the blame on others, wallow in being in a difficult situation, or engage in other counter-productive actions?