Complaints Against Employees and Contractors

Originally published by kennedyhealthlaw.

When a complaint comes in from a client or customer or employee, you should investigate immediately. Typically when a client complains about one of your employees, management understands that an investigation should be made and possible notifications to various state agencies should be made (Family Protective Services, licensing agencies, DADS, DHS, etc.).

The same is true when a client complains about one of your contractors, vendors, or other service agents. Say you get a complaint about a home health therapist. Management should investigate and report to the appropriate agency, whether that be FPS for possible neglect or abuse or exploitation allegations, DADS, and/or to the Therapists licensing board.

Each licensing board in Texas (and other states as well) is charged with the investigation and prosecution of any available sanction when a license violation is determined. In the case of the therapist, the therapy licensing board will allow the Therapist explain the conduct that has been alleged, and the board will do its own investigation. The Board will then make its determination of whether a violation of the licensing rules occurred, and if so, what sanction to impose. The therapist can either agree to the sanction, or proceed to an administrative hearing. Other oversight agencies do the same.

Further, if an employee complains about another employee, the employer has a duty to investigate and correct if a finding was made. “Correction” may come in the form of reasonable accommodation, termination depending on the conduct, counseling the employee, or even moving one employee to another part of the company building. Remember to have a good employee handbook which outlines violations and sanctions. For more information, see our previous post on employee handbooks here.

The investigation may not substantiate the complaint. Even so, it may still need to be reported to an oversight agency. Make certain you do a good investigation. Take notes of interviews, photos of surroundings if needed, talk to enough people, take the complaint seriously. That way, you can support the fact that you did investigate, and whether you could substantiate the complaint is not due to your not attempting to discover the truth.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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