Monday, October 12, 2009

Voicing a Workplace Complaint

Sometimes we are faced with a serious problem at work that keeps us up a night. We can become extremely unhappy in our job and even have trouble focusing on our work. Maybe it’s a bad boss that berates you in public or a co-worker that tends to take credit for the work you did. Do you think you were unfairly passed over for a promotion or a training opportunity? Maybe you are so upset that you consider making an EEOC complaint or filing a lawsuit.

Try taking a step back for a moment. Don’t automatically assume that your employer is unwilling to address the problem. If your employer doesn’t know about your concerns, they can’t fix it. Stewing about the problem, or letting it get worse, doesn’t help you or your employer. Most employers want to try to fix the problem, because left unchecked; it affects productivity and engagement of everyone on the team.

Review the problem resolution/complaint procedure, if your company has one. If there is a procedure in place, follow it. If there is no process, try the following steps:
  • Document what happened in writing. Be as objective as possible. Include dates if you can.
  • Raise your complaint informally at first. Seek advice from your manager or HR person. Bring up your complaint in a constructive, non-blaming manner. Suggest any reasonable and practical solution that you might have.
  • Present a formal grievance. If no solution came from the informal discussion, present a formal grievance in writing to the proper member of management. Say that you are making a formal grievance. Include details from your documentation. Describe what happened in date order. Include names and job titles of people involved. Say what you have done to try to resolve the problem prior to making a formal complaint. Remember to keep a copy of your grievance statement and ask for an acknowledgement that your grievance has been received.
  • Most likely, your employer will arrange a meeting with you to discuss your complaint. You may wish to bring someone with you, such as a work colleague. Your employer may want to investigate the situation further by speaking to others before making a decision. To make a fair determination, in many cases, it will be impossible for your employer to keep the situation completely confidential. Ask that they keep it as confidential as possible and when to expect that a decision will be made.

    The resolution may very well work in your favor and give you peace of mind. It is also possible that the decision is not what you wanted to hear. For example, there might be some key skills that you are missing, which is the reason why you were not promoted. Engage in a conversation on how you should go about gaining the critical missing skills.

    Unfortunately, there’s no law against your boss or co-worker just being a jerk. It’s a different story though if discrimination, harassment or retaliation is involved. Consult legal advice if, for example, you feel that you were a victim of discrimination based on race, color, sex, national origin, age or disability. For more information, consult the following laws: Title VII and the Civil Rights Act of 1964 and 1991, Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Lily Ledbetter Fair Pay Act of 2009, ADA Amendments Act and any state or local laws.

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