In our combined experience advising companies through serious workplace complaints and crises, the facts of each situation are almost always different. But what consistently remains the same are the mistakes. Whether the issue is a high profile harassment complaint, a far-reaching hostile work environment allegation or a viable threat of workplace violence — each carries predictable legal risks. But each also threatens cultural and reputational risks which legal counsel alone may not be able to control and contain. By the time most companies realize they need a communications strategy around these difficult issues, it may be too late to get ahead of it.

Here are the six mistakes we see most often and what you can do to mitigate them:

Mistake #1: Waiting Too Long to Call a Lawyer

By the time most companies call outside counsel, they have already taken steps which complicate the situation. Oftentimes, a supervisor has already interviewed witnesses informally; HR has sent an email that waives privilege; a decision has been made about the accused before all facts have been gathered; or the accuser has been vilified and put on a leave. Early legal involvement is not just about protection — it's about developing a sound strategy and making sure every step you take from the start is one you can stand behind later.

Mistake #2: Treating It  Purely as an HR Problem

HR is essential, but HR alone is often not enough. Serious complaints have legal, cultural, and reputational dimensions that require a coordinated response. When communications professionals aren't brought in until a situation has already gone sideways, the options for responding and messaging  narrow significantly. The companies that handle these situations best treat them as cross-functional issues from the very first conversation.

Mistake #3: Moving Too Fast

The impulse to resolve things quickly is understandable. But acting before all the facts are in is one of the most common sources of additional liability. Terminating the wrong person, issuing a public statement prematurely, or making promises to the complainant before an investigation is complete can all make a difficult situation significantly worse.

Mistake #4: Going Silent Internally

When something serious happens and leadership says nothing, employees fill the silence with speculation and rumors — and that then becomes the narrative. We have seen well-handled investigations unravel culturally because no one thought of communicating with the team. If you do not control the story internally, someone else will, whether it’s through hallway gossip, group chats, or rumor mills that spread faster than any official communication ever could. You do not need to share the details of a difficult workplace situation with your employees — and in most cases you should not — but acknowledging that a matter is being taken seriously, and that your company's values guide how it will be handled, goes a long way toward keeping the narrative within your control.

Mistake #5: Neglecting the Paper Trail

Documentation is your best defense. We consistently see companies that handled a situation correctly but can't prove it because no one wrote anything down. From the moment a complaint is received, every conversation, decision, and action should be documented. If the matter escalates, that record is everything.

Mistake #6: Forgetting That External Audiences May Be Watching

Not every complaint becomes a public matter — but some do, faster than anyone expects, and rarely on your timeline. If you aren't telling your story, someone else will — on social media, in the press, or through employee review platforms visible to your clients, your recruits, and your competitors. Companies that haven't thought through their external communications posture before a situation goes viral are left playing defense, reacting to a narrative they didn't shape. A proactive communications strategy, developed in collaboration with legal counsel, ensures that if outside audiences need to hear from you, you are ready to speak first and speak with one voice.

The Bottom Line

Be prepared ahead of the moment.

Companies that navigate serious workplace issues successfully are prepared for them from the start: the right legal counsel, the right communications support, and a plan already in place. A difficult workplace situation can readily reach beyond HR, affecting culture, reputation and legal exposure all at once.

Skilled legal and communications personnel working together to address workplace issues is a rare combination and a vital strategic advantage. Organizations that put that combination in place early are the ones that come out the other side intact.

About the Authors

Marcus Fettinger is a partner in Gray Reed's Labor & Employment Practice Group, where he litigates employment matters and advises employers on workplace issues, compliance matters, and workplace risk management. He is based in the firm's Dallas office.

Charlie Rose is Director of Strategic Communications at GRPR Public Affairs and Gray Reed Advisory Services. Based in Dallas, he advises organizations on crisis communications, reputation management, media relations and strategic messaging.