You’re at work, and something just doesn’t feel right. Maybe your boss is treating you unfairly, or you feel like your workplace is unsafe. You might be wondering, “Do I have a valid reason to speak up?”
The answer is, if you’re feeling mistreated or uncomfortable at work, there is a chance you have grounds to file a grievance.
Filing a workplace grievance can feel intimidating, but it’s important to remember that you have rights as an employee. If you’re second-guessing yourself, don’t worry – you’re not alone. Many people question whether their situation is serious enough to warrant a formal complaint. To help you, we’ve put together a list of some of the most common reasons why employees file grievances
1. Discrimination
Many employees file grievances after they experience discrimination or someone harasses them in the workplace.
According to the Employment Opportunity Commission (EEOC), employers cannot discriminate against the following protected employees characteristics:
- Race
- Color
- Religion
- Sex, including pregnancy
- Sexual orientation, or gender identity
- National origin
- Age (40 or older)
- Disability
- Genetic information (including family medical history)
Employers are legally obligated to provide a work environment free from discrimination and address any reported incidents promptly.
Federal and state law entitles you to file a grievance with your employer when you experience any of the abovementioned events.
After that, your employer must investigate the complaint and take appropriate action to prevent the behavior from recurring.
Failure to take action usually results in the company paying fines and penalties or facing an employee lawsuit.
2. Unfair Treatment or Favoritism
Another valid reason to file a grievance occurs when you believe your boss mistreats you compared to employees in similar roles or with similar experience.
- Being passed over for promotions or assignments.
- Receiving lower compensation than colleagues doing the same work.
- Facing harsher discipline for minor infractions.
Favoritism, where certain employees receive preferential treatment due to personal relationships or biases, is also a legitimate grievance.
You should file a complaint and address the issue when you believe your supervisors or managers treat their employees differently.
3. Unsafe Working Conditions
Employers have a legal and moral obligation to provide a safe work environment for their employees.
Filing a grievance becomes necessary when safety hazards exist at work, or the environment lacks proper safety equipment and training.
- Broken or malfunctioning equipment.
- Inadequate ventilation or lighting.
- Lack of proper protective gear.
- Insufficient safety training.
Under state labor law, employers must follow safety and health standards set by the Washington State Department of Labor & Industries and the California Division of Occupational Safety and Health.
If your employer fails to address reported safety concerns, you may need to escalate the issue to the appropriate government agency or file a lawsuit to correct the matter.
4. Wage and Hour Violations
Wage and hour violations are another common reason for filing a grievance.
Your employer must pay you for all hours worked, including overtime, and provide legally required meal and rest breaks.
- Not receiving pay for off-the-clock work.
- Being misclassified as exempt from overtime.
- Having unauthorized deductions taken from your paycheck.
- Not receiving your final paycheck upon termination.
Our state has strict wage and hour requirements laws, and employers who violate these statutes can face significant penalties.
Wage theft grievances are an important first step in resolving your unpaid earnings disputes.
5. Retaliation for Protected Activities
Punishment against employees who engage in protected activities is illegal under both federal and state law.
Protected activities include:
- Reporting discrimination, harassment, or other illegal conduct.
- Participating in an investigation of workplace misconduct.
- Taking legally protected leave, such as through the Family and Medical Leave Act (FMLA)
- Engaging in concerted activities with coworkers to improve working conditions.
You may have grounds for a retaliation grievance or lawsuit if your employer demotes, disciplines, or terminates you after engaging in the activities above.
Remember, no one can penalize you for exercising your legal rights or speaking out against misconduct in the workplace.
6. Breach of Employment Contract
Individuals who hold valid employment contracts that outline their jobs’ specific terms and conditions may file a workplace grievance when employers breach said terms.
- Failure to pay promised bonuses, commissions, or other compensation.
- Violations of non-compete or non-disclosure agreements.
- Failure to provide agreed-upon benefits or time off.
Even when you don’t have an individual contract, provisions found in an employee handbook or other company policies and procedures may bind your employer to follow them (more below).
Consult with an employment attorney or your human resources department to discuss whether violations of stated work policies regarding discipline, promotion, or termination are grounds for filing a grievance.
7. Unfair Company Policy Execution
Similarly, inconsistent enforcement or unfair application of company policies are also valid reasons to file a grievance.
Management must apply workplace policies the same to you as other employees and consistently follow stated policies.
Some examples include:
- Being disciplined for conduct that other employees engage in without consequence.
- Having leave requests denied while others are approved for similar reasons.
- Facing termination without progressive discipline as outlined in the employee handbook.
If you believe you are being singled out or treated differently, filing a grievance can help address the issue.
8. Bullying and Workplace Violence
Bullying and workplace violence are serious issues that create hostile work environments.
Intimidation, threats, or physical violence from a coworker or supervisor often provoke grievances and outer legal action.
Examples of bullying and violence include:
- Verbal abuse, insults, or intimidation.
- Physical assault or threats of violence.
- Sabotage of work or personal property.
- Stalking or harassment outside of work.
Employers are responsible for providing a safe workplace free from these issues.
If you report incidents of bullying or violence and your employer fails to take appropriate action, you may need to escalate your complaint to HR or law enforcement.
9. Invasion of Privacy
Your employer must respect your privacy rights at work.
Grievances may arise when management commits the following acts without your consent:
- Monitors your email or phone conversations.
- Searches your personal belongings without consent.
- Discloses confidential medical or personal information.
- Requires access to your personal social media accounts.
While employers may have some rights to monitor workplace activities, they must balance those rights with employees’ reasonable expectations of privacy.
Consult an employment attorney to discover whether someone at work has unfairly invaded your privacy.
10. Denial of Leave or Benefits
You have a legal right to contest any decision that denies you an entitled leave or work benefits.
- Denial of medical leave for a serious health condition.
- Refusal to provide reasonable accommodations for a disability.
- Failure to give you earned vacation or sick time.
- Denial of health insurance or other promised benefits.
Federal and state laws govern employee leave and workplace benefits.
If you believe your boss has unfairly denied leave or other protected entitlements, filing a grievance can help you access the necessary resources and support.
11. Misclassification as an Independent Contractor
The misclassification of employees as independent contractors is a growing problem in many industries.
You may lose significant benefits and protections if your employer has classified you as an independent contractor but treats you like an employee.
Some signs of misclassification include:
- Your boss controls your work schedule or duties.
- The company forces you to use its equipment or resources.
- Exclusivity agreements prevent you from working for other clients.
- No written contract exists that outlines the terms of your work duties.
Filing a formal grievance helps you receive the benefits and labor protections you deserve as a regular employee, such as minimum wage, overtime pay, and workers’ compensation coverage.
When to Take Action in the Workplace
If you’re ready to file a grievance, talk to the employee relations specialist in your human resources office. They’ll help you decide which procedure applies to your situation and guide you through the steps to file your grievance.
On the other hand, if your issue involves a potential violation of law or regulation, you might need to file a formal complaint instead.
Complaints cover things like:
- Discrimination
- Position classification issues
- Incorrect payment of wages
- Workers’ compensation
- Denial of veterans’ preference
- Reduction-in-force (RIF)
- Adverse actions (suspension or removal)
- Performance-based actions
- Alleged labor law violations
Where you file your complaint depends on the specific issue you’re dealing with. For example, discrimination complaints might go to the Equal Employment Opportunity Commission (EEOC) or the Office of the Special Counsel (OSC), while classification issues would be handled by the Office of Personnel Management (OPM).
If you’re not sure where to file or need help with this process, consult our employment law attorney at Malk Law Firm. We can advise you of your rights, help document your complaint, and represent you in any legal proceedings when necessary.
Contact us today for a consultation to learn more about how we can support you in standing up for your rights in the workplace.
