Disciplinary Procedure in Miami

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Grievance Procedure under the Law

Grievance procedures are a channel of dispute settlement that can be applied by an office to deal with complaints from employees, providers, customers and / or competitors. A grievance procedure suggests a ranked order structure for the submission and settlement of labor disputes.

The process naturally describes the kind of complaint and covers the phases through which the sides come to try to work things out, those responsible at each stage, the required documentation and schedules for the complaint to be presented and discussed in each stage. The best known of the grievance procedures implementation is through a formal process outlined in union contracts.

The actual procedure consists of three levels. The complaint is submitted with the chief administrator of the institution. The employee complaint form should state if either a conference or hearing is requested. The hearing must be programmed by Office of the President during the 15 days of receiving the complaint. A conference must be planned within 10 days of receiving it. If the matter cannot be resolved through mediation, an appeal can be filed up to level three, then, an administrative law judge will hold a hearing or review the complaint based on the record.

Definition of Grievance

A grievance is a claim and can be filed to address a violation of provisions, misuse or misinterpretation of laws, policies, rules or applicable written agreements regarding employee classification, compensation, terms and conditions of employment, molestation, discrimination, favoritism or any action, policy or practice comprising a substantial detriment to or obstruction with the performance in the actual work of the employee, or the health and safety of the worker.

Establishment of Grievance Procedures

Grievance procedures do not need to be elaborated formally; indeed, excessively formal grievance procedures frequently discourage the dissemination of disputes in a timely fashion. In small businesses, the procedures may compose of a small number of lines in an employee manual or the appointment of a single expert to deal with any problem arising. The revision of the concerns of the employees is another popular form to address complaints. Moreover, certain companies can create a bigger department.

Grievance Procedures Targets

The procedures will be designed to allow companies to hear and resolve complaints quickly, no matter what form they take, timely and cost effective manner, and avoiding litigation.

Being aware that formal procedures are always available, stimulates employees to raise concerns or policies about the company before major problems develop. It also makes administrators less likely to ignore the problems, because they know that senior management can be involved through the complaint process.

The importance of Unions to the Grievance procedure

Unions through grievance procedures will help protect employees against arbitrary management decisions with respect to discipline, promotions or the claimed benefits. Also, unions and employers through a formal process will enforce the provisions of the contracts.

Businesses should uphold its written policies consistent actions if they anticipate good employee relationship. To ensure the grievance procedure functions, all sides, the union and employers should approach with the aim of benefiting both interests. The ideal of an effective complaint procedure is to help management identify and fix problems within an operation before serious issues raised. Through union employees can communicate their concerns to upper management.

For complaint procedures are effective, both parties must be seen as a positive force to facilitate the open discussion of issues. Certain cases, adjustment of grievances become a kind of guide that emphasizes us versus them mentality between workers and management. There are times when employees are hesitant to use the complaint process for being afraid of reprehension.

Several studies have proven that employees who raise complaints tend to have lower performance assessments and a low rate of promotion. This will suggest that some employers may revenge against employees who can complain. It is vital that the grievance procedures of the company include measures to prevent a violent reaction against those who choose to use them.

Example of a typical grievance procedure

A classic grievance procedure starts with a laborer posing a problem to his/her immediate supervisor within a certain period of time after the insult or exasperation has occurred. Then, the supervisor has determined to respond or to send the complaint to the head of the department. At that point, a union representative enters negotiations on behalf of the employee. If the situation is still not resolved, the complaint continues the chain of command to the plant manager and the president of the local union. If the union does not follow procedures at all times, the contract specifies that a dispute should occur.

The company is usually required to resolve the complaint in favor of the employee if the administration has not followed the procedures outlined in the collective bargaining agreement.

If the situation remains unresolved, the final step in the grievance process is that both parties present their side to a pre-appointed attorney. This will help determining the rights of both parties under the contract of employment, and their decision is usually ending with the dispute. The employment contract generally specifies the type of lawyer employed, the method of selection, scope of authority, and the arrangements for payment.

A possible intermediate step involves the filing of the complaint to a mediator, whose job is to help the parties resolve their differences before they reach the phase of formal arbitration. Mediation usually lasts less time and costs less money than the arbitration counseling. In addition, the mediator may be able to teach the two sides, ways to dispute resolution that can be useful in the future.

Employee Rights

Employees have numerous rights, which are very important to be aware of, and obligations that are enforceable by law and regulations. Employees have the right to be protected from hazardous working conditions, employer discrimination and other circumstances that endanger their safety and their welfare.

The U.S. Labor Department establishes the employees’ rights and contributes workers access to facts issues that can affect their personal and professional lives.

When people move in from one state to another they need to keep up on employment law. They vary, and what it is legal for one state might be illegal for another one.

Discrimination, sexual harassment or retaliation in the workplace require employment law advice or representation.

If an employee believes that he or she is working in an unsafe environment, he/she can file a complaint with the appropriate regulatory authority or request that an investigation carried out without fear of retaliation from the employer. In addition, an employee has the right to request and review information regarding appropriate with respect to health and safety risks in the office labor regulations.

Employees have the right to do their job in a safe and healthy environment. The Occupational Safety and Health Administration (OSHA) reduce workplace hazards by establishing safety standards and investigating the violation of these rules. OSHA states that an employee has the right to refuse dangerous work. A work in hazardous conditions is considered an assignment that may cause serious injury or death of the employee.

Rights for Equal Employment Opportunity

Workplace environment should be free from discrimination and harassment. This is a right of an employee. The Civil Rights Act of 1964 and other amendments to the federal law, protect against pregnancy discrimination, age and disability discrimination, secure employees against injustice and dishonest treatment in the workplace. The Equal Employment Opportunity enforces laws and investigates complaints of harassment and discrimination. They also handle employee complaints regarding this topic.

Employees have the right to seek protection from their employer if they feel threatened by a co-worker or a customer. They also have the right to equal opportunities, such as promotions, fair wages and fair treatment regardless of race, gender, sexual orientation, disability or any other aspects protected by law.

Right of Access to Information

Employees have the right to access and check files and other information. They can review their personal record. You can also get your medical records, as well as access to employer information about events or changes that may affect the working environment of the employee.

Employers must retain copies of their illnesses, injuries and records are required to make the documents available to employees if requested.

Importance of contacting a Lawyer for representation before a process of professional complaints and disciplinary procedures

When an employee files a complaint with the manager but sees no change taking place with respect to why he made the complaint about, it is necessary to find a lawyer who can guide. An employment law lawyer is going to explain your rights as an employee.

If some disciplinary actions are taken for the worker who made the complaint, such as a suspension of professional license, downgraded to a lower position, your attorney can assist. They will be able to explain the best way to file a complaint. Although there is a law which prohibits retaliation against employees, there are employers who violate the law.

Gallardo Law Firm Fighting For the Working People of South Florida

Gallardo Law Firm in Miami has many years providing quality representation and professional attention to all your legal needs in South Florida.

Our attorneys provide comprehensive legal advice to those victims of employment law, whose legal rights have been violated, or have been discriminated, or sexually harassed, wrongfully terminated and much more. Gallardo employment law lawyers are going to represent you if you believe you may have an employment law case.

The Employment and Labor Law Attorneys at this Firm are entitled to represent the interests of their clients in the most efficient, ethical and effective manner possible. Contact us for an initial consultation if you need legal representation in any employment law issue.

In the grievance procedure, issues on pensions of government employees, insurance, retirement, or any other matter wherein the authority to act lies not with the employer cannot be addressed.
A complaint must be filed with the Office of the President in a period of fifteen days of the event of complaint, or the employee educated of the complaint case. If not filed within the time limits are set by law, the complaint could be dismissed.
A hearing is a registered method in which plaintiff is entitled to a fair hearing and present evidence. Management is represented by one member of the office of Attorney General. Established evidence rules do not apply, but both parties may present records and test and cross-examine witnesses.
Retaliation is specifically prohibited by the statute of complaints and any person participating in this activity will be subject to disciplinary action for insubordination.
Individual complaints regarding the same issue can be make firm at the request of the parties, or by the hearing officer.
This process begins with the worker presenting a problem to the supervisor after the offense happened. The supervisor will then have some time to either reply or send the grievance to higher authorities. By this time, a union rep will intercede on behalf of the employee and start negotiations. If the issue is no resolved then the grievance will be sent to even higher authorities. The company will be obligated to resolve the grievance when management fails to do so. If the situation hasnt been resolved yet, then the final step to take is for the parties to present it to the assigned arbitrator. The arbitrator generally makes the final decision and its based on the rights of parties under labor agreement. The grievance can also be presented to a mediator who may be able to assist the parties in solving their differences. Mediation generally takes less time and its less costly than arbitration.
Implementing a more formal grievance procedure can help disputes at wok to be handled in a timelier manner. A written grievance, for example, can help as long as it has some basic elements such as a requirement that it be used by employees in timely fashion, a statement about how to submit the complaints and to whom, show who will evaluate the complaints and make the final decision, and a statement condemning retaliation against employees involved in the complaint.
Learning the facts about everything that happened is crucial. Some questions you should think about and answer when investigating a grievance are: Who is involved in the grievance? What exactly was done or said? When and where did everything happen? Why it happened and whats the main cause it happened?