It’s your school law guru here again! Today we will be discussing grievances. Typically, grievances are filed when an employee has suffered or been accused of some disciplinary action unjustly. If you, or someone you know, find themselves in this type of situation, seek legal help! While a grievance may not seem like something too severe, I am here to say it is. A grievance can be what defines your reputation and standing in work for the rest of your career. Let’s look at an example.
You have been accused of discriminating against a fellow employee. You are terminated effective immediately. This act of discrimination is now on your record and will prevent and/or make it extremely difficult to find work. You believe that you have been unfairly terminated and accused, so you decide to file a grievance against the claim and disciplinary action. During this process, you must file the grievance within a certain period of time. Once the grievance has been filed, you must go through a hearing. This initial hearing will allow you to indicate why you believe you have been unjustly accused and terminated. Following hearings and actions will be based on what information you present during that first hearing.
So, why is it important to have an attorney? It is helpful to have an attorney during this process because an attorney will assist and guide you on how to present your argument, they will be your voice during the hearing, they will ensure your rights are protected, and lastly, they will have the resources and knowledge to help you throughout all the different hearings you will need to attend for the grievance. During the grievance process, the opposing side will have legal representation. An employee can decide not to be represented, but it is usually advantageous to have an attorney defending you in this type of situation.
If you have been wrongfully accused or terminated, you may have a right to file a grievance. Just because you have been accused of some disciplinary action, it does not mean that you must live with this on your record, you can defend yourself and get help. Every grievance process has its own set of rules and procedures which must be followed carefully.
The above is a very general overview. There are other factors that can interplay with this. For further information, you should seek out an education attorney who has education law experience dealing with these types of matters. This article is not meant to be relied upon as legal advice. Laws and policies can change. Seek an experienced attorney for the most current and up to date information to assist you in this or any legal matter. Feel free to contact the Law Offices of Steve Rossi P.A. for a FREE CONSULTATION.