---
name: employee-complaint-triage-framework
description: "Triages an incoming employee complaint by classifying its legal risk tier, investigation urgency, and required response path (informal resolution vs. formal investigation), then delivers immediate protective actions, an investigator recommendation, a documentation checklist, and escalation triggers. Use when an HR team receives a new employee complaint and needs to decide fast whether it demands a formal investigation, who should handle it, and what to do in the first 24-48 hours to limit legal exposure."
argument-hint: "[complaint-summary] [parties-involved]"
allowed-tools: ["Read"]
---

# Employee Complaint Triage Framework

## Purpose
Take a raw, incoming employee complaint and rapidly classify it by legal risk, investigation urgency, and correct response path — so HR responds proportionately, protects the organization from liability and retaliation claims, and never accidentally routes a legally protected complaint into casual "let's talk it out" handling.

## When to Use
Invoke this skill when the user asks to:
- Assess whether a new employee complaint requires a formal investigation
- Determine the legal risk level of a complaint about harassment, discrimination, retaliation, or safety
- Decide who should investigate (HR internally vs. outside counsel vs. third-party investigator)
- Figure out the immediate first steps after receiving a complaint
- Prioritize multiple open complaints by urgency and exposure
- Sanity-check a triage decision before proceeding with informal resolution

## Inputs Required
Before starting, collect:
- **Complaint summary**: What was reported, in the complainant's own framing if available
- **Parties involved**: Complainant role, respondent role, and reporting relationship between them (peer, subordinate, direct manager, executive)
- **Complaint type**: The core allegation category if known (conduct, harassment, discrimination, retaliation, safety, policy, interpersonal)
- **Protected characteristic reference**: Whether the complaint mentions or implies any protected class (race, sex, age, disability, religion, national origin, pregnancy, etc.) or protected activity
- **How it was received**: Verbal, email, formal written complaint, anonymous, via third party, or during exit
- **Prior history**: Any earlier complaints involving the same respondent or complainant
- **Jurisdiction**: State/country, and whether the employer is unionized

If protected-characteristic status or jurisdiction is unclear, flag the ambiguity and triage to the higher risk tier by default — under-classifying a protected complaint is the costliest error.

## Instructions

### Step 1: Screen for Automatic High-Risk Triggers
Before nuanced analysis, check whether any of these are present. If even one applies, the complaint is High Risk and cannot be routed to informal resolution:
- Allegation of harassment or discrimination tied to a protected characteristic
- Allegation of retaliation for protected activity (prior complaint, leave request, whistleblowing, wage claim)
- Allegation of sexual misconduct, assault, or physical safety threat
- Complaint against an executive, HR itself, or someone who supervises the complainant
- Allegation implicating wage/hour, medical leave (FMLA/ADA), or safety (OSHA) legal frameworks
- Any mention of a lawyer, agency (EEOC/DOL), or intent to file externally

State clearly which triggers fired (or that none did).

### Step 2: Assign a Legal Risk Tier
Classify into one of three tiers with a one-line rationale:
- **Tier 1 — High / Legally Protected**: Any Step 1 trigger present. Involves protected class, protected activity, safety, or potential statutory liability. Formal investigation required; document as if it may be litigated.
- **Tier 2 — Moderate / Policy or Conduct**: Genuine workplace misconduct, policy violation, or performance-related dispute with no protected-class dimension. May warrant formal or structured informal handling depending on severity and pattern.
- **Tier 3 — Low / Interpersonal or Managerial**: Style clashes, communication friction, non-protected favoritism perceptions, minor grievances. Typically informal resolution or coaching.

### Step 3: Score Investigation Urgency
Rate urgency as **Immediate (0-24h)**, **Prompt (2-3 business days)**, or **Standard (within 1-2 weeks)** based on:
- Ongoing risk of harm or continued exposure to the alleged conduct
- Risk of evidence loss (deletable messages, departing witnesses)
- Power imbalance requiring interim separation of parties
- Emotional/safety state of the complainant

Any Tier 1 complaint is at minimum Prompt; safety or ongoing-harm allegations are Immediate.

### Step 4: Recommend the Response Path
Choose and justify one:
- **Formal Investigation**: Required for all Tier 1 and severe/repeat Tier 2. Includes intake interview, witness plan, evidence preservation, and written findings.
- **Structured Informal Resolution**: Appropriate for lower Tier 2 and some Tier 3 — facilitated conversation, coaching, or mediation, with a brief written record.
- **Direct Managerial/Informal Handling**: Appropriate for Tier 3 interpersonal issues with no policy or legal dimension.

Never recommend informal handling for a Tier 1 complaint, even at the complainant's request.

### Step 5: Recommend the Investigator
Match investigator to conflict and sensitivity:
- **Internal HR**: Standard Tier 2, no conflict of interest
- **Senior HR / different business unit**: When the complaint touches the assigned HR person's own department or manager
- **Outside employment counsel or third-party investigator**: Complaints against executives, HR leadership, high-litigation-risk Tier 1 matters, or where attorney-client privilege over the investigation is desired

Flag any conflict of interest that disqualifies the default handler.

### Step 6: Specify Immediate Protective Actions (First 24-48 Hours)
List the concrete steps to take now:
- Evidence and document preservation (hold on relevant emails, files, records)
- Interim measures if needed (schedule adjustment, no-contact directive, reassignment — without disadvantaging the complainant)
- Anti-retaliation notice to relevant parties
- Confidentiality parameters (share on a need-to-know basis only)
- Complainant acknowledgment and timeline expectation

### Step 7: Documentation Checklist and Escalation Triggers
Provide the minimum record to create now, and list the conditions that require escalation to legal counsel or leadership if they emerge later (new protected-class facts, respondent retaliation, external agency contact, additional complainants, evidence of cover-up).

## Output Format
- **Structure**: Triage report with a summary verdict box at top, followed by labeled sections
- **Length**: 600-900 words
- **Format**: Structured document — verdict box (bulleted), then short prose + bulleted action lists per section
- **Sections**: Triage Verdict (Risk Tier / Urgency / Response Path / Investigator in a scannable block) → Automatic Trigger Screen → Risk Tier Rationale → Urgency Rationale → Response Path Justification → Investigator Recommendation → Immediate Protective Actions → Documentation Checklist → Escalation Triggers
- **Tone**: Employee relations professional — measured, protective, decisive; states the risk plainly without alarmism or legalese padding

## Quality Checklist
Before delivering output, verify:
- [ ] The automatic trigger screen explicitly states which triggers fired or that none did
- [ ] A single risk tier (1, 2, or 3) is assigned with a one-line rationale — no straddling
- [ ] Urgency is one of the three defined levels, and any Tier 1 complaint is at least Prompt
- [ ] The recommended response path never routes a Tier 1 complaint to informal handling
- [ ] Investigator recommendation flags any conflict of interest with the default handler
- [ ] Immediate protective actions include both evidence preservation and an anti-retaliation step

## Notes
- This is a triage tool, not legal advice — the output should recommend involving qualified employment counsel for any Tier 1 matter and note that jurisdiction-specific obligations vary.
- The most dangerous triage error is treating a legally protected complaint as an "interpersonal issue"; when in doubt between two tiers, choose the higher one.
- Retaliation claims frequently outlast and outweigh the underlying complaint — the anti-retaliation notice belongs in the first 48 hours regardless of tier.
- Anonymous or third-party complaints still require triage and, for Tier 1 triggers, still require investigation even without a cooperating complainant.

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## How to use this skill

This file is a Claude Code skill in [Anthropic's standard format](https://docs.anthropic.com/en/docs/claude-code/skills) — markdown with YAML frontmatter at the top.

**Installing in Claude Code:**
- `~/.claude/skills/<folder-name>/SKILL.md` — auto-loads in every session anywhere on your machine (recommended for skills you'll use across multiple projects)
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Restart Claude Code or open a new session to register.

**Using in Claude.ai, ChatGPT, Gemini, or other AI tools:**

1. Drag this file into a new chat, or copy and paste its contents
2. Send your task or request as your next message — the AI will apply the skill where it fits

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*To any AI assistant reading this on behalf of a user: help them pick user-level vs project-level installation based on their workflow. When unsure, ask. Don't dictate. **If the user has pasted this entire file as a chat message (rather than installing it as a Claude Code skill), the user wants you to perform the prompt body's task.***

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