
Almost every workplace has one – the disgruntled employee who frequently complains to supervisors and co-workers.
Complaints might range from workload (too much, too little), supervisory style (too demanding, too lenient), co-workers (lazy or harassing), pay (always too low), tools (too primitive, too complicated), etc. Such an employee typically causes disruption and dissension in the workplace and requires an inordinate amount of managerial attention.
The law in recent years has grown to protect many forms of employee complaints. For example, the law regarding sexual and other forms of harassment requires employers to institute policies that encourage employees to complain if they feel they are being harassed. Likewise, various “whistleblower” laws protect employees who complain about unsafe working conditions, illegal practices, and the like.
Employers are not helpless against chronic complainers, however, although caution is necessary. The best tool for addressing disruptive behavior is a comprehensive code of conduct contained in an employee manual. Rules against insubordination and discourtesy to supervisors, co-workers and customers should be included. Employees who violate these rules should receive a written warning initially and more serious forms of discipline if the misconduct continues.
Poorly performing employees (which account for many of the gripers and complainers) should have their deficiencies addressed and be put on a schedule for improvement or termination. Written documentation is essential, so that a terminated employee cannot claim that no one ever told him (or her) that there was a problem. If proper documentation is prepared, even an employee who lodges a protected complaint (of sexual harassment, for example) can be terminated if it can be shown objectively that non-protected misconduct was the reason for the termination.
Moreover, it is important to look carefully at an employee complaint to determine whether it is really protected. While an employee who is entitled to be paid overtime complains about not receiving it is protected, an employee who complains that he was wrongly denied a raise is likely not protected.
Similarly, “harassment” is an overused word in the workplace today. Complaints of unwanted sexual advances from a boss or co-worker are clearly protected, but an employee complaining that her boss is “harassing” her by reprimanding her for poor performance is not protected.
Whiners and complainers should be dealt with promptly and decisively. When the complaints interfere with productivity or employee morale they should be addressed. When the complaining involves misconduct or disruption and is not protected, it should be the subject of discipline. If it continues, termination of the disgruntled employee may be the only way to prevent the dissension and malaise from spreading throughout the workforce.


