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What Is a Grievance (and How Do You Address One)?

Every workplace has its own unique set of rules and expectations. When these rules are violated, or when employees feel they’ve been treated unfairly, they may file a grievance. Employers are responsible for creating personnel management plans that promote a safe workplace environment. Dealing with employee complaints and grievances is a critical part of employee management. Grievances in the workplace are serious matters that can have legal or financial implications.

This guide will help you to understand what a grievance is and what the different types of grievances are. It also covers what you should do if one of your employees has a grievance.

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What is a grievance in the workplace?

Workplace grievances are any real or perceived problem an employee experiences during employment. This can include the perception of discrimination, harassment or unfair treatment. Employees who feel they’ve been mistreated may lodge a complaint with their employers, hoping to correct the situation.

In some cases, grievance procedures may also be used to resolve disputes between employees and management. While grievances often result in workplace disruption, they also offer a chance for employees to voice concerns.

But if an employee feels that their grievance isn’t being resolved in-house, they may choose to file a formal complaint. They can do this through the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC investigates grievance complaints and takes action to protect employee rights.

By understanding the normal grievance process, employers can take steps to cut the risk of unwanted outcomes. It’s often better for the employer to deal with a grievance before the matter reaches the EEOC.

Depending on the structure of your business, an employee may submit a grievance to the company’s human resources department. They try to provide an unbiased angle when investigating a complaint. If your company doesn’t have a HR department, the employee may speak with their manager or another company leader.

What’s the difference between a grievance and a complaint?

A grievance is a more official version of a complaint. An employee venting about a situation to a coworker is complaining. Generally, a grievance is used when an employee has tried to resolve an issue informally but has been unsuccessful. A grievance typically incorporates a specific process that both the employee and employer must follow. While a grievance is generally seen as more serious than a normal complaint, both can have negative consequences.

Four common types of grievances

Dealing with grievances is not only a nuisance, it can also indicate systemic issues at your workplace. Knowing the most common types of grievances can help you avoid situations where employees feel hard-done-by. Workplace grievances generally fall into a few key categories:

1. Work conditions

When employees aren’t provided with a safe, healthy environment to do their job, they may file a grievance about work conditions. Employers have a legal obligation to meet certain standards when it comes to health and safety. Poor conditions need to be addressed to avoid official legal action. Work conditions grievance examples include:

  • OSHA violations. Failure to provide eye and respiratory protection for relevant workers and poorly maintained machinery and unsafe scaffolding are examples of OSHA violations.
  • Injury and illness.If an employee gets sick or injured due to safety negligence, they can file an official complaint.
  • Uncomfortable environments. Poor ventilation, bad lighting or excessive noise can be grounds for grievances.
  • Inadequate tools.Assigning employees to complete a task without providing the equipment necessary can be cause for a grievance.

2. Compensation

Many employees file grievances because they are dissatisfied with pay or benefits. Compensation grievances may arise due to pay decreases or restricted access to benefits that other employees have. Here are a few examples of compensation-related grievances:

  • Wage theft.If an employee has earned money but isn’t paid, they have a legitimate grievance. Not paying employees for overtime or failing to update payroll to reflect a raise are both examples of wage theft.
  • Pay inequity. Employees who believe they’re being paid less due to gender, race or other protected classes may file a grievance for inequity.
  • Withheld benefits.Not offering employees benefits that they’re entitled to is grounds for a grievance. For example, staff members who work 40+ hours are entitled to employer-funded health care. This means that a full-time employee can file a grievance to get those benefits.
  • Unfair incentives. Unequally distributed bonuses and pay increases can motivate a compensation grievance.

3. Personnel policy

While employee grievances often occur because of perceived policy violations, policies themselves can cause grievances. Personnel changes and administrative policies have a direct impact on an employee’s ability to succeed. As such, they may contest policy areas such as:

  • Work assignments. Employees may feel unfairly assigned to a job they’re not qualified for. They may file a grievance if they feel they were unfairly transferred to a department with the express purpose of being set up to fail.
  • Promotion plans. Pathways to growth and promotions should be fair and equitable. Employees who feel they don’t receive the same opportunities as their peers may file a grievance to challenge company policy.
  • Poor communication.Aloofmanagement, lack of notice about changes and poor communication can count as employer wrongdoing. These types of issues are common communication-related grievance examples.
  • Workload. Making sudden, drastic changes to an employee’s workload can spark a grievance. This is especially true if the expectations are viewed as unreasonable and tough to meet.

4. Harassment

Employee harassment is a serious issue that requires outside investigation if it occurs. If managers have conflict with an employee and retaliates by gossiping, punishment or harassment, the employee may file a grievance with the employer entities involved. Harassment grievances may be reported to law enforcement, depending on the severity.

Stay up-to-date on your state’s laws about employer harassment, and consider consulting a lawyer for advice on specific situations in your workplace.

Six Tips for addressing employee grievances

Failing to address an employee grievance can escalate the situation, decrease morale and damage trust. Use these tips to handle employee grievances in a timely and appropriate manner:

1. Establish a grievance procedure

Set up a way to systematically assess grievance possibilities in advance. That way, you can be prepared if someone complains. Decide how employees should submit grievances and how you’ll ensure complaints remain confidential. Set a timeline for employees and management, explaining that employees should submit grievances and that leadership will respond quickly. Provide this information in an employee handbook. Make sure you include information and a definition of grievance procedures.

2. Recognize the issue

Listen to your employee’s complaint and acknowledge their perception of the issue. Even when a grievance is determined to be invalid, it’s important your employees feel respected. Tell them you received their complaint and share the steps you plan to take to assess the issue.

3. Interview relevant parties

When investigating a grievance, interview all related parties about their version of events. If multiple staff members are involved, schedule separate interviews so they can speak freely. Gather as much information as possible to make an informed decision.

4. Look for patterns

Review HR records and other evidence to determine if similar grievances have been reported. Ongoing issues with multiple complaints may indicate a deeper issue that requires strategic attention. Assess all available evidence to determine what kind of action to take. Document everything throughout the investigation to support your final decision.

5. Share your findings in an official meeting

Schedule a meeting with everyone involved. Let them know the results of your investigation. Explain why you’ve come to a particular decision and offer an opportunity for them to ask questions. Take notes during the meeting and keep them on file for transparency.

6. Be proactive

Make policy changes when necessary and use a grievance process to resolve future issues. If you notice an issue that could escalate, take the time to improve the situation before it becomes an official matter.

Workplace grievances can be a serious matter that may lead to unwanted litigation against you or your business. For this reason, being aware of the common types of grievances and putting grievance procedures in place are important for business leaders. While some companies may have to deal with chronic complainers, it’s better to prepared in case serious matters arise. By educating yourself with the information provided in this article, you’ll be ready to deal with potential grievances to minimize risks and ensure employee satisfaction.

 

 

 

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