What Happens If a grievance Fails?
A grievance lawsuit is considered to be a legal process in which the individual files a legal complaint against his or her current or previous employer with the consideration of rectifying the said issue. After filing the initial grievance, the person next steps into the court and proceeds to challenge the employer in court regarding the same. In the process, the person is supposed to provide enough evidence that justifies and supports the said case. While these types of cases are not very common, they are heard every now and then. If you are looking forward to filing for a grievance lawsuit, read on to find out more about the same.
It is mandatory that the person should be given the chance to make the same complaint. Otherwise, it will be considered as harassment. The employer has the right to expect that the employee will be cooperative throughout the entire grievance procedure. However, if the employee does not work in harmony with the organization, there may be instances where the employer might consider that the conduct constitutes discrimination. In such a scenario, the next step is to file the grievance.
A person can file for a grievance either through the human resources department or directly with the management. It is also possible to file for a grievance through the local labour body. Whichever way a person chooses to go about filing the grievance, he or she should ensure that the grievance is filed legally within the jurisdiction of the same. The employment laws for each state are different.
Once a person has filed the case, it is the duty of the employer to respond in the best manner possible. The employer must respond by either accepting the facts set forth in the complaint, denying the same or offering some kind of compromise. If the employer rejects the facts put forth in the complaint, it is the duty of the attorney handling the case to gather additional information to present before the bargaining table.
Once the case has been accepted by the employer, it is the applicant’s turn to do something about it. It is important to understand that the longer it takes for the grievance to be resolved the more money the applicant stands to gain. Therefore, it is advisable to settle the matter as quickly as possible. Most importantly, the employee must seek advice from legal professionals who are experienced in handling workplace grievances. This will ensure that the case is handled in the right manner. It is advisable to employ an attorney who is well versed in the field.
The process of settling a grievance can take a lot of time and effort. There are chances that the grievance may get rejected due to lack of evidence or grounds. However, if this happens the applicant stands to lose a lot of money and will have to spend a lot of time researching the case.