Many employees raise workplace issues verbally, trusting that their employer will “handle it.”
That’s a mistake.
If your complaint isn’t documented in writing, your employer can:
- Deny it ever happened
- Minimize the issue
- Avoid legal responsibility
In employment disputes, what you can prove matters more than what actually happened.
If you’re dealing with harassment, discrimination, or a toxic workplace, putting your complaint in writing may be the difference between having a case and having nothing.
Raised concerns but nothing changed?
You may already be at legal risk
If you’ve complained verbally and your employer ignored it, your rights could be affected. A quick review can help protect your position before things escalate.
Call 1-800-771-7882
Why Verbal Complaints Often Fail
Many employees assume:
- “I told my manager, so it’s on record”
- “HR knows, so it’s documented”
But unless it’s in writing, employers can easily argue:
- The complaint was never made
- The issue wasn’t serious
- They weren’t given a chance to respond
This creates a major problem if:
- You are later terminated
- You claim harassment or discrimination
- You allege constructive dismissal
Without written evidence, your case becomes significantly weaker.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Filing a formal HR complaint is a critical step that can impact your rights and future at work, especially if it isn’t handled properly. Putting your concerns in writing and seeking legal advice early can help ensure your complaint is taken seriously and your rights are protected.”
What Happens If You Don’t Put It in Writing?
Failing to document a complaint can lead to:
1. Your Employer Denies Knowledge
Employers may claim they were never aware of the issue, limiting their liability.
2. You Lose Leverage
Written complaints create pressure. Verbal complaints are easy to ignore.
3. Your Claim Is Harder to Prove
In legal disputes, documentation is critical.
4. Your Situation Gets Worse
Issues like harassment or toxic behaviour often escalate when not formally addressed.
When You Should Always Put a Complaint in Writing
You should document your concerns if you are experiencing:
- Workplace harassment or bullying
- Discrimination or human rights issues
- Unsafe working conditions
- Being pushed out or treated unfairly
- Retaliation after raising concerns
If the issue could affect your job or your rights, it should be in writing.
What a Proper Written Complaint Should Include
A strong written complaint should be:
- Clear: What happened, when, and who was involved
- Specific: Avoid vague language
- Professional: Stick to facts, not emotions
- Documented: Reference evidence if available
Example:
Instead of:
“Work has been stressful and unfair.”
Write:
“On March 5, my manager raised their voice and made the following comment in front of colleagues…”
This level of detail matters if the issue becomes legal.
What If You Already Complained Verbally?
You’re not out of options, but you need to act quickly.
Follow up with a written summary:
- Send an email confirming what was discussed
- Include dates and details
- Keep a copy for your records
This creates a paper trail, even after the fact.
Can Writing a Complaint Put You at Risk?
Some employees worry about retaliation.
While that concern is real, Ontario law protects employees from:
- Reprisal under the Employment Standards Act
- Human rights retaliation
- Punishment for raising legitimate workplace concerns
If your employer disciplines or terminates you after a complaint, that may strengthen your legal claim.
How Written Complaints Strengthen Legal Claims
Putting your complaint in writing can support:
- Constructive dismissal claims
- Wrongful dismissal claims
- Human rights complaints
- Workplace harassment cases
It shows:
- The employer knew about the issue
- The issue was serious
- The employer failed to act
This is often the turning point in a case.
FAQ: Formal HR Complaints in Ontario
No, but if you don’t, it becomes much harder to prove your case later.
You can, but you should always follow up in writing to create a record.
The law protects employees from retaliation. In many cases, retaliation strengthens your claim.
Ignoring a written complaint can expose the employer to significant legal risk.
Yes, but your case may be weaker. Documentation helps establish credibility and timeline.
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No documentation = no leverage
Most employees lose because they didn’t document properly
Verbal complaints aren’t enough. If your situation escalates, your employer will rely on what’s written, not what was said. Download the checklist to protect yourself.
Call 1-800-771-7882
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©
The post Why Workplace Complaints Should Be in Writing (And What Happens If They’re Not) appeared first on Achkar Law.