Employee Grievance Policy Related Questions
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.