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A complaint is a formal expression of dissatisfaction. It points out wrongdoing, unfairness, or injustice by one party towards another. Instances where you might consider filing a complaint include unfair treatment by an employer, receiving subpar goods or services from a company, or being denied coverage as per an insurance agreement. While the specifics of grievance procedures may differ, there are common steps to follow when filing a complaint.
Procedures
Recording the Grievance
Jot down all details related to the incident. Record the event as accurately and promptly as possible. For instance, if you were passed over for a promotion, document your account of the meeting where the decision was communicated verbally.
- Note down the names of all relevant individuals or entities. Ensure you acquire both first and last names, as many customer service representatives only provide their first name.
- Record the date, time, and location of the incident. If you intend to file a complaint against a transportation company's driver, document not only the license plate number but also where the incident took place.
Preserve Your Documentation. Maintain all communication records between yourself and the party against whom you have a grievance. Keep not only formal communications like letters, bills, and receipts but also informal ones such as handwritten notes or emails.
- Store your documents securely, whether in a safe deposit box, at home in a safe, or by scanning them to always have an electronic copy.
Engage with Witnesses. If someone witnessed the incident, communicate with them. For instance, if someone witnessed harassment at work, make a note of their identity. If a stranger observed poor service at a store, try to obtain their name and contact details.
- Speaking with witnesses is also a good method to assess whether you may have misunderstood the situation. For example, several witnesses may have heard something different from what you heard.
Collect Evidence from Third Parties. Many businesses use security cameras to record activities in the store and parking lot. Additionally, many cities have installed cameras that capture images of intersections. If applicable, consider obtaining this evidence.
- At this stage, simply request the evidence. Even if the store is unwilling to provide you with a copy of the footage, request that it be preserved. If you initiate legal action, you can obtain a copy through a subpoena.
- Police dashcam footage can sometimes be obtained by filling out a Right-to-Know request form. Contact the police department regarding any videos they may have.
Exploring Informal Solutions
Hold an Informal Meeting with Your Supervisor. Some businesses require employees to meet informally with their supervisor to discuss grievances before filing any paperwork.
- Even if not mandatory, an informal meeting can be beneficial. Often, the other party may be unaware of how their actions or words are perceived. By explaining how you were wronged and suggesting ways to rectify the situation, you can alert them to their behavior.
- Informal resolution is not limited to employment contexts. If you have a complaint with a business, you can speak with a clerk or employee, who might be able to offer a refund on the spot.
- An informal meeting is also an opportunity to learn about the procedures for filing a formal grievance. If you do not receive a satisfactory resolution informally, inquire about whom you should contact to file a formal complaint.
Bring Copies of Supporting Documentation. The person you meet with may request to review any documentation you possess.
- A sales clerk may require a receipt along with a sample of the allegedly inferior goods.
- Only bring copies; retain the originals in a secure location at home or elsewhere. Handing over originals risks their loss.
Consider Mediation. Some businesses and organizations employ trained mediators. Mediation can be utilized during the informal resolution stage.
- Considering the costs associated with mediation, it may be preferable to use a mediator provided by the organization or business at no charge. Professional mediators can cost over $1,000 per day.
- Mediation remains an option even after filing an official grievance. At that point, it's more likely that the business or organization will cover the expenses.
- If you aim to resolve a complaint with a store, a professional, or a healthcare provider, avoid paying for a mediator. Instead, attend the meeting yourself.
Inquire About Next Steps. The individual you meet with may not be able to resolve the issue immediately. Even if a decision is pending, inquire about the subsequent procedures in case you are dissatisfied with the proposed resolution.
- If you voice a complaint to a store clerk or other customer service representative without success, promptly request to speak to a supervisor.
Initiating a Grievance
Reach Out to the Relevant Department. If you are unsatisfied with the resolution provided by your supervisor, contact the designated individual or department as directed by your supervisor.
- If you are a union member, consult with your union representative. Union regulations often include provisions for representation during the grievance process. It's advisable to involve them early on.
Familiarize Yourself with Rules and Procedures. Every company or business has its own set of rules and regulations. For instance, there may be specific time limits for filing grievances and designated contacts to reach out to initially. You should receive a handout detailing the procedures, or the company may direct you to a website.
- Adhere to the specified procedures diligently. Failure to do so may result in the company disregarding your grievance, necessitating restarting the process.
Obtain a Grievance Form. The form may be available in print or online. Fill it out in whichever format you find most convenient.
- Some online forms may not provide a printout of your submitted information; instead, you might receive a confirmation code. Given the choice between an online form and a hard copy, opt for the hard copy to retain a record.
Complete the Grievance Form. While each form may differ, they generally request similar information:
- Your personal details, including name, address, and contact information such as phone and email. If the grievance involves a healthcare provider or credit card company, you may need to provide your account number and date of birth.
- The name of the subject of your complaint (if applicable).
- Names of witnesses who can corroborate your grievance with pertinent facts.
- The nature of the grievance, often with space provided to articulate your complaint.
- Your signature and date.
- Retain a copy of the completed form and only attach copies of supporting documentation or evidence.
File Promptly. Adhere to deadlines for filing grievances, as outlined in the policies and procedures you received when initiating the grievance process.
- If mailing a grievance form, verify whether the deadline refers to the date of receipt or the date of mailing.
- Send the form via certified mail for confirmation of delivery.
Engage in the Investigation. You may be contacted by a company investigator tasked with probing your grievance. They may wish to conduct interviews in person or over the phone.
- Prepare by reviewing your documents, including any notes taken shortly after the incident. These documents can serve as memory aids.
Exploring Further Options
Challenge the Company’s Decision. If the company's resolution is unsatisfactory, check if you can appeal the decision. Look for any appeal process details provided in the letter outlining the company's decision.
- Some appeals have tight deadlines, so locate and adhere to them promptly.
Explore Alternative Dispute Resolution (ADR). While a business may not offer compensation voluntarily, they might suggest mediation or other ADR methods such as negotiation or arbitration. ADR is often preferred by businesses to avoid litigation costs.
- Note that ADR can be binding, especially arbitration, where you present evidence to an arbitrator and agree to abide by their decision. There's no recourse to court if you disagree with the outcome.
- Mediation and negotiation are typically non-binding, allowing you to walk away if unsatisfied with the outcome.
Consult with Legal Counsel. Depending on your grievance, various legal avenues may be pursued. An attorney can offer guidance on whether to pursue ADR or escalate to formal legal action.
- For instance, if alleging discrimination or retaliation by your employer, your attorney can advise on filing a complaint with the Equal Employment Opportunity Commission or equivalent state agencies.
- If your grievance involves inferior products or services from a company, your attorney can assist with filing a breach of contract claim.
- If contesting a denial of coverage under an insurance contract, your attorney can help with filing the appropriate lawsuit.
Useful Advice
- Be mindful to avoid rudeness, profanity, and unprofessional behavior throughout the grievance process.
- If you suspect that crucial evidence held by third parties is at risk of destruction, consider bypassing the grievance process and initiating immediate legal action. Filing a lawsuit grants you subpoena power, enabling you to compel the production of evidence.
Important Notices
- Thoroughly review all documentation for errors before submission. Any mistakes could have significant consequences.
