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Employee Grievance Policy Related Questions

Employee grievances can arise at any time and in any company. Anything from a lack of communication to major infractions within a company can provoke an employee grievance. If you want to know about the employee grievance process and what steps to take, you can ask an Employment Lawyer on JustAnswer. Experts on JustAnswer handle a wide variety of employee grievance questions and can answer your questions quickly and affordably. Take a look at five of the top employee grievance questions answered by the Experts.

How does an employee file an employee grievance?

The employee has to determine exactly what the employer is doing that is illegal. Just because your employer may be a bad employer doesn’t mean that their behavior is illegal. Usually, most illegal employer behavior comes in the form of rude comments or conduct that involves race, sex, age, or other characteristics that interferes with the employee’s job performance. Situations that create an intimidating or offensive work environment fall under the legal title of hostile work environment. If you feel that your employer has committed this type of offense, you can file a claim with the Equal Employment Opportunity Commission (EEOC) or the human rights department in your state.

Does an employee have a grievance case if their supervisor’s boss overrides an evaluation?

There are no laws stating that one supervisor cannot override another supervisor’s evaluation. If you feel the evaluation is unfair, you can challenge or contest the evaluation before the company’s grievance board. You should be given an opportunity to discuss whether or not the second evaluation was fair based on facts such as work history and performance. If the second supervisor cannot justify the outcome of the evaluation, you should be in favor with the grievance board.

What should an employee do if their supervisor has made religious slurs?

If the supervisor has a history of making comments that may suggest religious discrimination, you would have grounds to take the situation to the EEOC office where you are employed. An offhanded remark usually isn’t enough to have an actual claim. You must show that the employer is exhibiting unlawful discrimination or personal hatred of a religion that goes beyond employment. However, before you take your claim to the EEOC, you must first take your concerns to your HR office and try to handle the situation internally. If you fail to handle the situation within the company, the court will usually refuse to hear your grievance.

Should a union rep represent a union employee who has admitted to committing improper conduct such as stealing?

Usually, it is the duty of the union to represent all union employees fairly. However, in a situation where an employee admits to engaging in improper conduct, the union usually will have no further duty to argue the employee’s defense. There is little need to represent an employee who openly admits to committing a terminable offense.

Can a person file a grievance against an employer for termination?

Usually, employees are hired as at will employees and an employer has every right to fire an employee. The exception to this would be if there is a written contract or document that states the employee is guaranteed employment for a set amount of time. Also, the termination of an employee cannot be based on race, sex, age or disability. If there is a written agreement between the employer and employee, and the employer terminates the employee, this could result in a breach of contract. This would depend upon the reasons stated in the termination.

Dealing with a work related situation can be stressful, especially if it may affect the future of your job or career. If you have a grievance at work but are unsure what to do, ask an Employment Lawyer on JustAnswer. The Experts can offer legal insight to your unique situation and offer solutions in an efficient and knowledgeable manner.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Employee Grievance Questions

  • I work at a large healthcare organization- I moved to Dallas

    I work at a large healthcare organization- I moved to Dallas for this opportunity as a Managing Director. within one months time we were told we were restructuring, and that we would all have to re- apply for our jobs once they hired all of the new VP's this took from april until Dec. 1st. During this entire time I was handling so many areas, had no training and of course not as effective as I could be but still did a good job with no write ups, or counseling of any kind. On Tuesday December 9th I was pulled into a room kith the new VP of medical Specialties, and the VP of surgery they told me they were not going to keep me for either position- I wanted the surgery division having 15 years as a Urology nurse and COO of a large Urology, medical Oncology and Radiation Oncology practice. I am 50 Years old- I make 98,000.00 The woman they hired is my friend is 32 and makes 73K. They told me that my last day would be 2/26 and I would get 2 weeks severance, and my remaining PTO. I then found out HR was never told, the Medical director or no one. I feel I have been completely mistreated. Not to mention due to some financial concerns that were fraudulent, I had to open a new account and they are filing eviction on me Monday. I went to my VP Thursday in tears asking if there was any way I could get 5 days of my PTO and explained the situation. He said no USMD will not help.
    I need help quickly- I would like to get at least 60 days pay and my PTO so that I can move on. They also know I moved here only for this opportunity, as I know the CEO - he is not aware of this either, I have no friends, no family. Can someone please please help me?
  • I am a licensed hairstylist and I have worked for this salon

    I am a licensed hairstylist and I have worked for this salon for almost 5 years. I was asked to sign a non compete agreement about 3 1/2 years ago back when i was their "employee".However, on January 2014 they have encouraged me to become LLC S Corp and I assume it is because they do not want to be responsible in providing healthcare as they have more than 50 employees. I would like to know if the non-compete agreement I signed back when I was still an employee is still valid now that I am technically not an employee anymore and operating as my own corporation as an LLC. Thank you for your time.
  • I want your advice, my friend is a candidate in a program called

    I want your advice, my friend is a candidate in a program called StarAcademy Arabia , and is being bullied by 3 candidates who keep threatening to hurt her all the time and the people in charge (control) remain silent or sometime help them through social media massages and liking videos of bullying in their official site...The candidate who is bullyied is suffering a lot emotionally and I want your advice because we called them and ask them to stop what is happening but they did not do anything.. what should we do as a family of the bullied candidate ??
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