Does Human Resources and Upper Management Protect Toxic Managers?

By: Dr. David Jackson

May 5, 2023

Yes, HR and upper management can and sometimes do protect toxic managers by prioritizing the company’s interests—such as minimizing legal risk, protecting reputation, or retaining high-performing individuals—over addressing toxic behavior itself. This protection can manifest in several ways, including dismissing complaints, downplaying issues, or transferring problematic managers rather than disciplining them. Sometimes, HR or leadership may initiate lengthy investigations that lead nowhere, create bureaucratic obstacles for complainants, or even retaliate against employees who raise concerns.

The extent to which this occurs varies widely: some organizations have robust systems for reporting and accountability, including confidential hotlines, third-party investigators, and transparent disciplinary processes, while others lack transparency, allowing harmful behaviors to persist unchecked. Ultimately, the effectiveness of HR intervention depends on organizational culture, leadership values, whistleblower protections, and the presence of clear, enforced policies for addressing misconduct. Organizations with strong ethical foundations and a commitment to employee well-being are more likely to address toxic behavior decisively, while those focused primarily on short-term results may inadvertently enable it.

Reasons HR and Upper Management May Protect Toxic Managers:

* Company Protection:

HR’s primary responsibility is typically to protect the company from legal, reputational, or operational risks. This often involves risk management strategies such as conducting internal investigations, offering settlements, or requiring confidentiality agreements. Some HR departments may also require employees to sign “separation agreements” with non-disparagement clauses upon departure, further limiting discussion of toxic management. In practice, these measures can prioritize the company’s interests above those of employees—sometimes by minimizing, delaying, or concealing management issues instead of addressing them transparently and promptly. This can leave employees feeling unsupported or vulnerable, and may discourage future reporting of misconduct.

* High Performance:

Toxic managers are sometimes considered “star performers” who contribute significantly to organizational results. Leadership may overlook or excuse their problematic behavior in order to retain their productivity, viewing their output as outweighing the negative impact on workplace culture. In some cases, toxic managers may even be promoted or given high-profile projects despite employee complaints, sending a message that results are valued over well-being. This not only damages morale but can also increase turnover among other employees. When high-performing yet toxic leaders are seen as untouchable, other team members may disengage, become less productive, or seek opportunities elsewhere, ultimately harming the organization’s long-term success. The reputational risk of ignoring such behavior can also affect recruitment and retention of future talent.

* Lack of Accountability:

If upper management doesn’t recognize, understand, or prioritize addressing poor behavior, HR’s capacity to intervene is severely limited. In some organizations, reporting lines and decision-making authority mean HR cannot take disciplinary action without executive approval. In extreme cases, leadership may actively discourage HR from investigating or may pressure HR staff to dismiss legitimate concerns. Meaningful accountability requires buy-in from leadership at the highest levels, or toxic managers may remain unchecked regardless of HR’s efforts. This can perpetuate a culture where employees feel unsafe to speak up, and may foster a cycle in which bad behavior becomes normalized over time.

* Fear of Consequences:

Organizations may use non-disclosure agreements (NDAs), forced arbitration clauses, or other restrictive policies to silence employees, inadvertently enabling toxic behavior to continue by discouraging open dialogue about workplace issues. These measures can make it difficult for employees to seek outside help or share their experiences publicly, allowing patterns of misconduct to go unchecked for years. In some highly publicized cases, NDAs have been used to prevent victims of harassment or discrimination from speaking out, shielding repeat offenders and delaying organizational change.

How to Address the Situation:

* Understand Your HR Department:

Before going to HR, research how your company’s HR department operates, its leadership structure, and its track record in handling complaints. Talk with trusted colleagues about their experiences, and review the employee handbook or code of conduct to understand relevant policies and reporting procedures. If possible, discreetly seek advice from former employees or professional networks about how complaints have been handled in the past. The effectiveness of HR intervention varies widely across organizations, so understanding your department’s reputation and processes can help you prepare appropriately and set realistic expectations. Consider documenting your own efforts and observations throughout the process to create a record of your engagement.

* Document Everything:

Keep detailed, contemporaneous records of the toxic manager’s behavior, noting specific dates, times, what was said or done, and any witnesses. Save relevant emails, messages, performance reviews, or documents as evidence. If possible, summarize the impact of the behavior on your work or well-being, including any changes in your productivity, stress levels, or professional relationships. These records will help build a stronger, more credible case if you decide to escalate the issue, and may be useful if you pursue legal action or mediation. Back up your documentation in a secure location outside your work computer or email account.

* Seek Support from Colleagues:

If multiple employees are experiencing the same toxic behavior, consider documenting your experiences collectively and, if comfortable, submitting a group complaint. When employees present a united front, it can be harder for management to dismiss the issue as isolated or personal. Organize regular check-ins with affected colleagues to share updates, discuss strategies, and provide emotional support. Additionally, supporting one another during this process can help alleviate feelings of isolation and stress, and may empower more individuals to come forward.

* Know Your Rights:

Be aware of your legal rights and what your company is legally obligated to investigate, such as complaints of harassment, discrimination, or retaliation. Research your local labor laws and consider consulting with an employment attorney, union representative, or advocacy organization if you’re unsure about your options. Many regions provide government agencies or hotlines to report workplace misconduct. Knowing your rights can empower you to take informed action and recognize when your concerns are not being handled appropriately. Keep copies of all correspondence related to your complaint, and request written confirmation of any HR or management decisions.

* Consider a New Job:

If the situation is severe and leadership remains unresponsive, prioritizing your well-being may mean exploring new job opportunities in a healthier work environment. While making a career move can be daunting, protecting your mental health, personal values, and professional growth is most important. Consider reaching out to your network, updating your resume, and seeking organizations with a demonstrated commitment to positive workplace culture—for example, those recognized for employee satisfaction, transparency, or ethical leadership. Utilize job search sites, alumni networks, and professional associations to identify supportive environments. Remember, you deserve to work in an environment where you are respected and supported, and taking proactive steps to secure a healthier workplace is a sign of strength, not defeat.

For more information about this article, or to discuss customized training on this topic for your organization, please schedule a complimentary 30-minute leadership consultation call. During the consultation, we can address your specific concerns, explore solutions tailored to your workplace, and provide actionable strategies to foster a healthier organizational culture.