This is, as you're aware, a touchy situation, and the way you present
your grievance can make a huge difference in how seriously your
charges are taken.
Here's the short version, as the answer is fairly long-winded:
1. Identify yourself (job position, how long you've been there, and
anything else relevant) and the person you have a grievance with, by
name and title; and describe what your official work relationship with
him is. ("My supervisor reports to him," or something like that.)
2. Establish a 'common ground,' both to shmooze those reviewing your
complaint and to establish yourself as a decent and reasonable person.
"I enjoy my work, and am proud to be associated with an organization
that..."
3. Provide a summary of the important details of your case, using
broad terms such as 'harassment,' 'hostile workplace,' and 'threats.'
(Yes, I know these are exactly the terms you used in your question,
but terms such as these are appropriate for a layman's complaint.)
4. Provide a detailed description of the events in question. Provide
as much detail as you can, including references to any supporting
evidence or witnesses.
5. Outline what you believe would be a suitable outcome. Don't demand
anything, blame the people reviewing your complaint, or come across as
overly emotional (angry, bitter, self-pitying, etc.). Try to project
confidence in their abilities to resolve the situation effectively,
but also let them know what you think is fair. Do you want this person
censured? Do you want compensation?
6. Close by thanking the reviewers for reviewing your grievance, and
reiterate your 'common ground' statement from your introduction.
Now, for the detailed version, with long-winded explanations:
Let the reviewers know who you are, who you are complaining about,
what your professional relationship to him is, and establish a common
ground with the reviewers.
This article provides an excellent discussion of the 'common ground'
concept and how to apply it:
http://co.essortment.com/howtowritea_rmrk.htm
Wonderful advice, although it's oriented to consumer complaints. For
your "common ground" statement, you might try something like, "I value
the work that we do, and appreciate all that you've done to maintain a
positive environment in which to serve the citizens of [your state],"
or something like that.
Then, outline very broadly your complaints, using broad terms such as
"harassment," "intimidation," "threats," and "unfair barrier to
advancement," as well as physical, professional, and mental effects
this has had on you. Also describe briefly your desired outcome. All
of this is simply a summary, and will be described in more detail in
the next part of your grievance.
As you do have a lawyer, ask him or her specifically what charges
might be brought up by your case, and include these concepts broadly,
without using specific legal terms and without directly referring to a
lawsuit. The first sentence of your question is a very good start, as
it mentions these major issues.
"My grievance is regarding Dr. Jerk, who has created a hostile
workplace environment at [name of hospital]. Dr. Jerk verbally
threatened and harassed me in public, and unfairly denied me
promotions and opportunities for career advancement."
Reference to lawsuits can tend to put corporations on the defensive
early on, but if you use the applicable terms, such as the ones
mentioned above, it will get your point across without direct
reference to lawsuits. I'm assuming that you would prefer to settle
out of court, if possible, so if you don't directly mention it
outright, your chances for settlement will likely be greater.
I would not recommend using specific legal terms, for several reasons:
1. It comes much closer to constituting a threat of lawsuit. General
terms such as 'harassment' and 'threats' should be sufficient for a
layman's grievance.
2. The use of specific legal terms is likely to both get you in over
your head in terms of defining them correctly, and may actually serve
to limit you if you leave out anything relevant.
For an overview of harassment law, see this paper, "What Speech Does
"Hostile Work Environment" Harassment Law Restrict?":
http://www1.law.ucla.edu/~volokh/harassg.htm
And see this as well:
http://hr.dop.wa.gov/helpacademy/resource/hostlckl.htm
From this page, "Harassment which may constitute a hostile environment
is anything that creates fear, intimidates, ostracizes,
psychologically or physically threatens, embarrasses, ridicules, or in
some other way unreasonably over burdens or precludes an employee(s)
from reasonably performing his/her work."
You could pick up several keywords from this blurb itself:
hostile environment
fear
intimidates
ostracizes
psychologically [and] physically threatens
embarasses
ridicules
unreasonably over burdens
precludes from reasonably performing work
If you'd like to do some initial work on your own as far as locating
employee rights laws, you can do some initial research here:
http://www.findlaw.com/11stategov/
and select your state, then locate "Labor Law" or something similar.
If you need a little help locating this, let me know what state you're
in, and I'll do my best find the relevant codes. Again, stick with the
general terms, but you can always look through the code to give you
ideas of the approach you might want to take.
Here is another page listing labor laws by state:
http://www.references-etc.com/pages2/state_employment_statues.html
(Several of the links on this page are dead.)
Also see these pages regarding labor laws and employee rights in
general:
http://www.lectlaw.com/temp.html
Scroll down to the section called "Specifically for Employees"
http://www.fairmeasures.com/pcm_hvcl.html
This site offers a "Harassment Victim's Guide," for $10, which claims
to outline exactly what is and is not illegal harassment. Although it
doesn't specifically say so in the blurb, most of the site focuses on
sexual harassment, so this may be irrelevant to your case.
Also, don't overlook any employee handbooks or codes of conduct you
might have specific to your workplace. Often, these will outline not
only the relevant laws to some extent, but they outline additional
expectations for your specific workplace. Many things that are not
technically illegal will be against the rules within a workplace, and
often, employers will settle out of court on issues that aren't
illegal, but would reflect poorly on them.
Mention the effects this has had on your career, as well as your
mental and physical health, but don't be too emotional, and don't
stretch your claims too far. That is, mention the fact that it has
caused you fear, embarassment, and anxiety; and certainly mention if
you've visited a doctor for this, if you're unable to sleep or eat;
but make it a factual recounting as much as possible. Don't jump to
conclusions or make emotional appeals. So, if you've been diagnosed
with high blood pressure or elevated stress levels, just say this.
Don't say that you will probably have a heart attack, or quote studies
that show that your risks of early death are increased or anything
like that. While it's tempting to do this, sticking to the plain facts
will help establish your credibility.
Once you've provided an overview, you should describe your experiences
in detail. Include as many details, particularly verifiable ones, as
possible. The most obvious way to do this is to detail your
experiences chronologically.
Provide a detailed outline of all of the events that led up to your
grievance. Include everything you can: Dates; times; and word-for-word
exchanges, or as close as you can get to it. Also mention if you have
any evidence of what happened. This could include emails, memos,
telephone records, witnesses, sticky notes, and even personal logs, if
you've written down details of the events as they happened. I would
personally recommend that you not provide the text or substance of
these details in the grievance, but simply mention the fact that they
are available. (That is, don't include emails or names of witnesses,
but simply mention something along the lines of "I have a number of
email messages supporting these facts," or "This exchange was
witnessed by two coworkers.")
Finally, outline what, to you, would be a suitable outcome to your
situation. Do you want a promotion? Compensation? Do you want this
superior to be sanctioned? Don't demand that they fire the person, as
they're unlikely to take kindly to being told what to do. Simply
state, if applicable, "I believe that Dr. Jerk has created a hostile
work environment due to the behaviors outlined above, and would like
to call this situation to your attention so that you can resolve it."
Overall, too, keep a couple of things in mind:
1. Tell the truth in cold, hard terms. Don't call this supervisor an
angry person or a bully in your complaint. Show it. If you outline
your grievance sufficiently, the people who review it will come to
that conclusion themselves, without your telling them so in so many
words. This can be very hard to do when you are angry, but in the long
run, it is worth it. A logical and factual complaint will heighten
your credibility, will make the other person look worse by comparison,
and help to present your case as a genuine case of harassment, and not
simply a disagreement.
2. Address those who review your complaint respectfully. Don't tell
them what to do, threaten them overtly, or blame them for the
situation. Approach this as though you are confident that they will
handle the matter promptly, professionally, and thoroughly once it's
come to their attention. Think of it as positive reinforcement. If you
tell them how to do their job or blame them for the situation at the
outset, it will immediately put you at odds with them. You need them
on your side if at all possible.
Here are links to some quasi-related letter-writing resources that
might be of help:
10 Steps for Letters of Complaint
http://www.geocities.com/ewmpsi/10complaining.html
These steps seem to focus primarily on consumer complaints, but most
of the tips are valid for your purposes as well.
The Art of Complaining
http://www.ebookmall.com/ebooks/showdetl.cfm?&DID=8&Product_ID=28971
This is a Microsoft Reader eBook that you can download for $7.95.
Again, the focus is on consumer complaints, but much of the
information might still be useful.
"How to Write a Complaint Letter"
http://www.infoplease.com/ipa/A0002121.html
Again, this is oriented toward consumer complaints, but the basic
letter-writing advice is good. I have a small disagreement with the
'brief' aspect, though. I would recommend, in your case, providing a
brief overview, then leading into detailed descriptions.
"How to Write a Diplomatic Complaint Letter"
http://co.essortment.com/howtowritea_rmrk.htm
I hope all of this helps you, and if you would like more detail on a
specific area, please feel free to request a clarification.
Good luck,
Lisa.
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