Difference between revisions of "File a Grievance"

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A grievance is defined as a formal written complaint. The complaint alleges a wrong doing, inequity or injustice committed by a person or company against another. There are many situations in which you might want to file a grievance: because your employer has treated you unfairly, because a company has provided inferior goods or services, or because you have been denied coverage under an insurance contract. The format and procedures of grievance policies will vary quite a bit. Nevertheless there are common elements to filing a grievance.
 
A grievance is defined as a formal written complaint. The complaint alleges a wrong doing, inequity or injustice committed by a person or company against another. There are many situations in which you might want to file a grievance: because your employer has treated you unfairly, because a company has provided inferior goods or services, or because you have been denied coverage under an insurance contract. The format and procedures of grievance policies will vary quite a bit. Nevertheless there are common elements to filing a grievance.
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[[Category:Legal Matters]]
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[[Category: Legal Matters]]
 
== Steps ==
 
== Steps ==
 
===Documenting the Complaint===
 
===Documenting the Complaint===
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#Seek evidence in the hands of third parties. Many businesses have security cameras which record what happens in the store as well as the parking lot. Many cities also have installed cameras that take pictures of intersections. If applicable, you may want to seek this evidence.
 
#Seek evidence in the hands of third parties. Many businesses have security cameras which record what happens in the store as well as the parking lot. Many cities also have installed cameras that take pictures of intersections. If applicable, you may want to seek this evidence.
 
#*At this stage, you should simply ask for the evidence. Even if the store does not want to hand a copy of the footage over to you, ask that it be preserved. If you file a lawsuit, then you can get a copy with a subpoena.
 
#*At this stage, you should simply ask for the evidence. Even if the store does not want to hand a copy of the footage over to you, ask that it be preserved. If you file a lawsuit, then you can get a copy with a subpoena.
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#*You can sometimes get video from a police dash cam by filling out a Right-to-Know request form.<ref>https://www.dced.state.pa.us/public/oor/Form-UniformRequest.pdf</ref> Contact the police department about obtaining any video they may have.
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#*You can sometimes get video from a police dash cam by filling out a Right-to-Know request form.<ref name="rf1">https://www.dced.state.pa.us/public/oor/Form-UniformRequest.pdf</ref> Contact the police department about obtaining any video they may have.
 
===Reaching Informal Resolution===
 
===Reaching Informal Resolution===
 
#Meet informally with your supervisor. Some businesses require that employees meet with their supervisor informally to discuss their grievance. This should happen before any paperwork is filed.
 
#Meet informally with your supervisor. Some businesses require that employees meet with their supervisor informally to discuss their grievance. This should happen before any paperwork is filed.
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#*A sales clerk will want to see a receipt as well as a sample of the goods you claim are inferior.
 
#*A sales clerk will want to see a receipt as well as a sample of the goods you claim are inferior.
 
#*Only bring copies. Preserve the originals at home or in another safe space. If you hand over originals to another person, he might lose them.
 
#*Only bring copies. Preserve the originals at home or in another safe space. If you hand over originals to another person, he might lose them.
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#Consider using a mediator. Some businesses and organizations have trained mediators on staff. You can use a mediator during the informal resolution stage.<ref>http://spg.umich.edu/policy/201.08</ref>
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#Consider using a mediator. Some businesses and organizations have trained mediators on staff. You can use a mediator during the informal resolution stage.<ref name="rf2">http://spg.umich.edu/policy/201.08</ref>
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#*Because of the costs of mediation, you may not want to use a mediator unless one is provided by the organization or business free of charge. Trained mediators can cost over $1,000 a day.<ref>http://law.freeadvice.com/litigation/mediation/mediation_cost.htm</ref>
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#*Because of the costs of mediation, you may not want to use a mediator unless one is provided by the organization or business free of charge. Trained mediators can cost over $1,000 a day.<ref name="rf3">http://law.freeadvice.com/litigation/mediation/mediation_cost.htm</ref>
 
#*Mediation still remains a possibility after you file an official grievance. At that time, it is much more likely that the business or organization will foot the bill.
 
#*Mediation still remains a possibility after you file an official grievance. At that time, it is much more likely that the business or organization will foot the bill.
 
#*If you want to resolve a complaint with a store, a professional (like a lawyer), or a health care provider, then you should not pay for a mediator. Rather, you should simply show up for a meeting yourself.
 
#*If you want to resolve a complaint with a store, a professional (like a lawyer), or a health care provider, then you should not pay for a mediator. Rather, you should simply show up for a meeting yourself.
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#*Some online forms might not provide you with a printout of the information you submitted. Instead, you might only get a confirmation code. If given the choice between an online form or a hard copy, you should fill out the hard copy so that you will have a record.
 
#*Some online forms might not provide you with a printout of the information you submitted. Instead, you might only get a confirmation code. If given the choice between an online form or a hard copy, you should fill out the hard copy so that you will have a record.
 
#Complete the grievance form. Each grievance form is different, but they all should ask for similar information:
 
#Complete the grievance form. Each grievance form is different, but they all should ask for similar information:
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#*Your name, address, and contact information, such as phone and email.<ref>https://www.ohiobar.org/General%20Resources/committees_and_sections/JUDICIAL%20GRIEV%20FORM03.PDF</ref> If you are complaining about a health care provider or credit card company, you will be asked for your account number as well as your date of birth.<ref>https://secure1.ddpdelta.org/ddpca_secure/%21complaint.asp</ref>
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#*Your name, address, and contact information, such as phone and email.<ref name="rf4">https://www.ohiobar.org/General%20Resources/committees_and_sections/JUDICIAL%20GRIEV%20FORM03.PDF</ref> If you are complaining about a health care provider or credit card company, you will be asked for your account number as well as your date of birth.<ref name="rf5">https://secure1.ddpdelta.org/ddpca_secure/%21complaint.asp</ref>
 
#*The name of the person you are complaining about (if applicable).
 
#*The name of the person you are complaining about (if applicable).
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#*The names of witnesses who can support your grievance with relevant facts.<ref>https://www.ohiobar.org/General%20Resources/committees_and_sections/JUDICIAL%20GRIEV%20FORM03.PDF</ref>
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#*The names of witnesses who can support your grievance with relevant facts.<ref name="rf4" />
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#*The nature of the grievance. Often you will be provided a space to type out your complaint.<ref>https://www.ohiobar.org/General%20Resources/committees_and_sections/JUDICIAL%20GRIEV%20FORM03.PDF</ref>
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#*The nature of the grievance. Often you will be provided a space to type out your complaint.<ref name="rf4" />
 
#*Your signature and date.
 
#*Your signature and date.
 
#*Keep a copy of your completed form and only attach copies of any documentation or evidence.
 
#*Keep a copy of your completed form and only attach copies of any documentation or evidence.
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#Consider alternative dispute resolution (ADR). Although a business may not volunteer to compensate you, they might propose mediation or other forms of ADR, such as negotiation or arbitration. Businesses often propose ADR to stay out of court because ADR is often cheaper than a full-fledged lawsuit.
 
#Consider alternative dispute resolution (ADR). Although a business may not volunteer to compensate you, they might propose mediation or other forms of ADR, such as negotiation or arbitration. Businesses often propose ADR to stay out of court because ADR is often cheaper than a full-fledged lawsuit.
 
#*Recognize that ADR can be binding. Arbitration, in particular, is like a trial: you present evidence to an arbitrator and agree to be bound by the decision. You can’t appeal in court if you dislike the result.
 
#*Recognize that ADR can be binding. Arbitration, in particular, is like a trial: you present evidence to an arbitrator and agree to be bound by the decision. You can’t appeal in court if you dislike the result.
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#*Mediation and negotiation are typically non-binding. You can walk away from discussions if you are unhappy with the results.<ref>http://www.wipo.int/amc/en/mediation/guide/index.html#whatis</ref>
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#*Mediation and negotiation are typically non-binding. You can walk away from discussions if you are unhappy with the results.<ref name="rf6">http://www.wipo.int/amc/en/mediation/guide/index.html#whatis</ref>
 
#Meet with an attorney. There are many legal avenues to pursue depending on your grievance. An attorney can provide good advice about whether to proceed with ADR or whether to pursue a more formal legal complaint.
 
#Meet with an attorney. There are many legal avenues to pursue depending on your grievance. An attorney can provide good advice about whether to proceed with ADR or whether to pursue a more formal legal complaint.
 
#*For example, if you are charging your employer with discrimination or retaliation, your attorney will advise you on filing a complaint with the Equal Employment Opportunity Commission or with an equivalent state board.
 
#*For example, if you are charging your employer with discrimination or retaliation, your attorney will advise you on filing a complaint with the Equal Employment Opportunity Commission or with an equivalent state board.
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