I work for a large corporation and am having harassment issues with my regional director and can easily prove a harassment and retaliation case. Should I file a grievance with HR before consulting an attorney or after?

I am truly sorry you’re going through this. Dealing with a large corporation can feel like an uphill battle, especially when you’re facing retaliation for standing up for yourself. Since you have evidence and are ready to take action, the "how" and "when" of your next steps are critical.

Based on the information you provided in your question, I strongly recommend that you consult an attorney before you go to Human Resources (HR). Despite HR being the standard channel for employee complaints, going to them first is not your best option for serious complaints like yours. Most people assume HR is there to protect them, but its primary role is to protect the business’s interests.

You need to carefully consider the timing and approach to filing a grievance. Here’s why: 

Filing your grievance gives your employer insight into what evidence you have against them. On the other hand, under Colorado law, you must give the employer a chance to fix certain discrimination claims before you can pursue any legal remedies unless exceptions apply. If your employer has a clear anti-harassment policy and you unreasonably fail to use it, they can argue in court that they aren't liable because you didn't let them help you. For these reasons, I strongly recommend that you consult an employment law attorney before you file a complaint to determine your obligations and the best strategy for your case. 

An attorney can help you: 

• evaluate the strength of your case,

• guide you on how to document the harassment and retaliation effectively, and

• ensure that your grievance is framed in a way that protects your legal rights.

It’s also important to note that in Colorado, for most employment law claims you cannot file a private lawsuit without first exhausting your administrative remedies. That means first filing a formal complaint with the Civil Rights Division (CCRD) or the Equal Employment Opportunity Commission (EEOC).  (Claims that can be filed directly in state court include claims under the federal Equal Pay Act (EPA), state-level wage-and-hour violations, and cases involving violated non-disclosure agreements (NDAs) under the POWR Act.)

There are also legal timelines to consider. Filing an internal HR grievance does not stop the clock on state and federal filing deadlines. An attorney can advise you of these, as well. 

Regardless of when you hire a lawyer, I recommend you continue to document everything.

• Keep your evidence (emails, recordings, performance reviews)

• Maintain a log of dates, times, witnesses, and exactly what was said or done.

Again, I don’t recommend alerting HR until you have had a confidential consultation with an employment law attorney. This ensures that your rights are fully protected and your evidence is leveraged to achieve the strongest possible outcome. 

I hope this helps. If you’d like to discuss this further with our firm, you can schedule a consultation online or call 303-688-0944.