File 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.

Steps

Documenting the Complaint

1. Write down everything you remember about the incident. As soon as possible, document what happened. For example, if you were denied a promotion, write down your memory of the meeting where you were given an oral explanation.
   • Take down the names of store employees or anyone else you have a complaint against. Ask for first and last names: customer service representatives often only give a first name.
   • Write down the day and time, as well as the location of where the incident occurred. If you want to lodge a grievance against the driver of a transportation company, you should note not only the license plate number but also the location of the incident.
2. Preserve documents. Keep any communications between you and the party against whom you hold a grievance. Retain not only formal communications, such as letters, bills, and receipts, but also informal ones like hand-written notes or emails.
   • Keep your documents in a safe place, such as a safe deposit box or in a safe a home. Also, you can scan any documents so that you always have an electronic copy.
3. Speak to witnesses. If someone observed the incident, talk to them. For example, if someone witnessed harassment at work, you should make a note of who they were. If a stranger observed poor service at a store, try to get their name and contact information.
   • Speaking to witnesses is also a good way to judge whether or not you misunderstood the situation. For example, several witnesses may have heard someone say something different than what you heard.
4. 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.
   • You can sometimes get video from a police dash cam by filling out a Right-to-Know request form. Contact the police department about obtaining any video they may have.

Reaching Informal Resolution

1. 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.
   • Even if you are not required to meet informally, it may still be a good idea to do so. Many times the other party is unaware of how their actions or statements are perceived by others. By articulating how you were wronged and what the person or company can do to relieve those feelings, you will alert them to their behavior.
   • You can seek informal resolution outside the employment context as well. If you have a complaint with a business, you can stop in and talk with a clerk or employee, who might be able to provide a refund on the spot.
   • Meeting informally is also a great way to find out the policies for filing a formal grievance. If you do not receive a satisfactory resolution informally, ask who you should contact to file a formal complaint.
2. Bring copies of supporting documents. The person you meet with might want to see any documentation that you have.
   • 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.
3. Consider using a mediator. Some businesses and organizations have trained mediators on staff. You can use a mediator during the informal resolution stage.
   • 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.
   • 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.
4. Ask about next steps. The person you meet with might not be able to resolve the issue immediately. Even if you have to wait for a decision, you should ask about next steps in case you are unhappy with the proposed settlement.
   • If you complain to a store clerk or other customer service representative, you should immediately ask to speak to a supervisor if you are unsuccessful at getting your complaint resolved.

Filing a Grievance

1. Contact the appropriate department. If you are unhappy with the resolution ultimately offered by your supervisor, then contact the name of the individual or department that your supervisor directed you to.
   • If you belong to a union you should also check with your union representative. Union rules often provide for representation during the grievance process. You will want to get them involved early.
2. Study the rules and procedures. Each company or business has its own rules and regulations. For example, you may have to file within a certain amount of time. Also, the company will list who you must contact first. You should be provided with a handout explaining the procedures; alternately, the company may point you to a website.
   • Follow the procedures as specified. If you fail to do so, the company may simply ignore your grievance and you will have to start the process all over again.
3. Secure a copy of the grievance form. The form may be printed or online. You should fill out the form in whatever form makes you most comfortable.
   • 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.
4. Complete the grievance form. Each grievance form is different, but they all should ask for similar information:
   • Your name, address, and contact information, such as phone and email. 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.
   • The name of the person you are complaining about (if applicable).
   • The names of witnesses who can support your grievance with relevant facts.
   • The nature of the grievance. Often you will be provided a space to type out your complaint.
   • Your signature and date.
   • Keep a copy of your completed form and only attach copies of any documentation or evidence.
5. File early. You must meet deadlines to file a grievance. These vary by business or organization but should be outlined in the policies and procedures that you secured when you initiated the grievance process.
   • If you must mail a grievance form, check to see if the deadline applies to the date the grievance form is received or the date when it is mailed.
   • Send the form certified mail so that you know it has arrived.
6. Participate in the investigation. You may be contacted by a company investigator charged with looking into your grievance. The person may wish to interview you in person or over the phone.
   • You can prepare by reviewing your documents, including what you wrote down shortly after the incident. These documents can refresh your memory.

Pursuing Next Steps

1. Appeal the company’s decision. If the company does not provide a satisfactory resolution, then you should check to see if you can appeal the decision. Any appeal process should be included in the letter explaining the company’s decision.
   • Sometimes appeals have short deadlines. You should locate the deadline immediately and comply with it.
2. 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.
   • Mediation and negotiation are typically non-binding. You can walk away from discussions if you are unhappy with the results.
3. 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.
   • If your complaint involves inferior service or products purchased from a company, your attorney can assist you in filing a breach of contract claim.
   • If you want to contest the denial of coverage under an insurance contract, then your attorney can help you file the appropriate lawsuit.

Tips

• Avoid rudeness, profanity and unprofessional behavior during the grievance process.
• If you believe critical evidence in the hands of third parties is about to be destroyed, then you should skip the grievance process and go immediately to a lawsuit. Once you file a lawsuit, you will get subpoena power, and you can then subpoena the evidence.

Warnings

• Review all paperwork for errors before submitting. A mistake could be costly.

Sources and Citations

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