Creating a Grievance Policy
Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice
Introduction
Creating a comprehensive and effective grievance policy is an essential part of any business. It ensures that all employees are treated fairly and with respect, and provides a safe environment for employees to voice their concerns. A well-crafted policy helps to prevent, address and resolve issues of workplace misconduct, as well as protecting employers from possible future liabilities.
The Ƶ team believe that it is vital for employers to take the time to create a thorough, up-to-date grievance policy. This should be in accordance with applicable laws and regulations, clearly outlining the rights and responsibilities of all stakeholders involved. It should also feature procedures set out for filing complaints, investigating claims made, and ultimately achieving resolution in the best interests of everyone concerned.
Having such a system in place not only provides employees with an important channel through which they can express their grievances without fear of retaliation; it also helps employers ensure that all grievances are handled fairly and efficiently. For this reason it is crucial that grievance policies are regularly reviewed and updated - this will help ensure they remain compliant with legal standards while meeting the needs of staff alike.
Lastly, employers should ensure that employees have full information about their rights under the policy; including details on how to file complaints or contact outside authorities if necessary. The Ƶ community template library offers free resources which can help you create your own comprehensive grievance policy - read on below for our step-by-step guidance and discover more today!
Definitions
Grievance: A complaint about a workplace issue such as discrimination, harassment, or other workplace disputes.
Eligible: Qualified to take part in an action or have access to a benefit.
Scope: The extent or range of something.
Timeline: A schedule of activities that outlines when something should be done.
Procedures: A set of steps taken to achieve a specific goal.
Responsibilities: A duty or obligation to act in a certain way.
Communication: The exchange of information between two or more people or groups.
Dispute resolution: A process for settling conflicts or disagreements.
Final decision maker: The person or organization responsible for making the final decision.
Record keeping: The process of storing and maintaining records.
Reporting: The process of providing information on a particular matter.
Contents
- Defining a grievance policy and its purpose
- Outlining the scope of the policy
- Establishing criteria for filing a grievance
- Who is eligible to file
- What type of grievances are accepted
- Establishing timelines for filing and responding to grievances
- How long a grievance should remain open
- How long a response should take
- What happens when timelines are not met
- Establishing procedures for handling grievances
- Documenting and tracking each grievance
- Gathering evidence and conducting interviews
- Making decisions
- Establishing roles and responsibilities of all involved in the grievance process
- Who will be the primary contact
- Who will be responsible for documentation
- Who will be responsible for decision-making
- Establishing a communication strategy for addressing grievances
- Establishing protocols for communication between parties
- Identifying methods for communication (e.g. email, phone, etc.)
- Establishing dispute resolution procedures
- Establishing a process for mediation or arbitration
- Establishing a process for appeals
- Establishing a final decision maker for grievances
- Identifying who will make the final decision
- Establishing protocols for the final decision-making process
- Establishing a record keeping and reporting system
- Identifying who is responsible for record-keeping
- Establishing a filing system for grievances
- Establishing a review process for grievances
- Establishing protocols for periodic reviews
- Establishing a process for updating the policy based on reviews
- Recommending best practices for employers
- Educating employers on the policy
- Identifying resources to address grievances
- Recommending strategies for addressing grievances in the workplace
Get started
Defining a grievance policy and its purpose
- Identify why you are creating a grievance policy.
- Identify the different types of grievances that the policy should cover.
- Explain the purpose of the grievance policy, such as providing a safe and fair workplace, or addressing employee misconduct.
- Ensure that the policy clearly outlines the rights of employees and the responsibilities of the employer.
Once you have identified the purpose of the grievance policy, outlined the types of grievances it should cover, and explained the rights of employees and the responsibilities of the employer, you can check this step off your list and move on to the next step.
Outlining the scope of the policy
- Identify who will be subject to the policy and who is covered under the policy.
- Specify the types of grievances that are covered.
- Outline the details of the process for filing and resolving grievances.
- Establish timelines for filing and resolving grievances.
Once you have identified who is subject to the policy, specified the types of grievances that are covered, outlined the details of the process for filing and resolving grievances, and established timelines for filing and resolving grievances, you can move on to the next step.
Establishing criteria for filing a grievance
- Define the criteria for determining when a grievance may be filed, such as a violation of company policy, violation of the law, or other serious issues
- Consider the type of grievance that can be filed and the specific areas to which it should be applied
- Ensure that the criteria is reasonable and can be applied fairly
- Document the criteria for filing a grievance in the policy
- Review the policy with HR and other stakeholders to ensure it meets their needs
- Determine how you’ll know when the criteria for filing a grievance is complete, such as when all stakeholders have approved the criteria
- Check off the criteria for filing a grievance in your policy as complete once it is approved by all stakeholders and documented in the policy.
Who is eligible to file
- Review existing labor laws, regulations, and company policies to determine who is eligible to file a grievance
- Consult with legal counsel or a qualified human resources professional to ensure compliance with applicable laws
- Establish criteria for eligibility in the grievance policy, such as who can file a grievance, how long they have to file it, and who can represent the grievance
- Define the types of individuals who are eligible to file a grievance in the policy
- List the types of grievances that are accepted in the policy
- Review the policy with a qualified human resources professional to ensure accuracy and compliance with laws
- Finalize the grievance policy with approval from senior management
- Check off this step and move on to the next step in the guide: What type of grievances are accepted
What type of grievances are accepted
- Understand what types of grievances may be filed within the workplace, such as workplace harassment, discrimination, or breach of contract.
- Make a list of the grievances that are accepted and those that are not accepted, and ensure the list is clear and comprehensive.
- Make sure the list is available to all employees and is communicated clearly.
- Ensure the list is updated regularly as policies change or new grievances arise.
- Once the list is established and communicated, you can move on to the next step.
Establishing timelines for filing and responding to grievances
- Research similar policies adopted by other companies and determine which timelines make the most sense for your organization
- Determine a timeline for when a grievance must be filed, as well as a timeline for how long the grievance should remain open
- Develop a timeline for when the organization should respond to the grievance
- Make sure the timeline is clearly stated in the policy
- Check this off your list when you have identified the timelines and included them in the policy document
How long a grievance should remain open
- Determine the timeline for how long a grievance should remain open, typically 30-90 days.
- Consider factors such as the type of grievance, the complexity of the situation, and the need for additional fact-finding.
- Make sure the timeline is reasonable and realistic, and provides enough time for the parties to resolve the grievance.
- Incorporate the timeline into the policy and clearly explain it to employees.
How you’ll know when you can check this off your list and move on to the next step:
- Once you have determined the timeline for how long a grievance should remain open, incorporated it into the policy, and clearly explained it to employees, you can check this step off your list and move on to the next step.
How long a response should take
- Define a timeline for when a response should be given.
- This timeline should be reasonable and should account for the complexity of the grievance.
- It should also account for the need for investigation and the need for a response from any other relevant parties.
- Establish a maximum amount of time in which a response should be provided (e.g. 7 days, 14 days, etc.)
- Consider setting milestones for when the grievance should be acknowledged and when a response should be provided.
- Once the timeline has been established, make sure that all team members are aware of it and understand their responsibility to adhere to it.
- You will know you have completed this step when you have established a timeline for responding to grievances and all team members understand their responsibility to adhere to it.
What happens when timelines are not met
- Set clear expectations and timelines upfront regarding when a response should be provided
- Set up a process to track and monitor responses and timelines
- Establish a procedure of escalating to the appropriate manager or HR representative if the response timeline is not met
- Document any instances of timelines not being met and track the resolution
- Monitor any grievances for patterns or trends that could indicate a more systemic issue
- When you have established your process for tracking and monitoring responses and timelines, you can check this step off your list and move onto the next one.
Establishing procedures for handling grievances
- Establish procedures for handling grievances, including timelines for resolving the issue and any other specific details
- Develop a policy statement that outlines the grievance process for employees and the company’s expectations for resolving the issue
- Create a standard form for employees to use when filing a grievance
- Make sure all employees are aware of the grievance process and have access to the form
- Train supervisors and other relevant personnel on how to handle grievances in accordance with your policy
- Once the procedure is established, you have successfully completed this step and can move onto the next one.
Documenting and tracking each grievance
- Create a database or spreadsheet to log all grievances, including the date of filing, the name of the person filing the grievance, the date of the resolution, and the resolution outcome.
- Set up a system to ensure that all grievances are tracked, documented, and logged in the database or spreadsheet.
- Establish a timeline for when grievances will be investigated and resolved.
- When you have created the database or spreadsheet, and established a system to ensure that all grievances are tracked, documented, and logged, you can check this off your list and move on to the next step.
Gathering evidence and conducting interviews
- Schedule interviews with the complainant and any witnesses
- Document the complainant’s account of the incident and any relevant evidence
- Ask questions to clarify and understand the incident
- Document the answers and take detailed notes
- Interview any witnesses and document their account of the incident and any relevant evidence
- Evaluation of evidence, considering the reliability and credibility of each witness
- Once the interviews are completed and all relevant evidence is gathered, move on to the next step: making decisions.
Making decisions
- Make sure all evidence gathered is considered with an unbiased eye
- Consider all relevant information available when making a decision
- Make sure decisions are based on fact, not opinion
- Consider the potential impact of the decision on all involved
- Keep a written record of the decision
- Make sure the decision is communicated to all relevant parties
- When all of the above are completed, you can move on to the next step: Establishing roles and responsibilities of all involved in the grievance process.
Establishing roles and responsibilities of all involved in the grievance process
- Define the roles and responsibilities of all stakeholders involved in the grievance process (e.g. company personnel, human resources, employees).
- Ensure that each party understands their roles and responsibilities.
- Create a process for resolving grievances and identify the steps that need to be taken.
- Consider the communication channels that will be used to communicate grievances.
- Establish a timeline of when the grievance should be resolved.
Once the roles and responsibilities of all involved in the grievance process have been established, you can move on to the next step of making decisions.
Who will be the primary contact
- Identify the point of contact that employees can directly go to with their grievances
- This may be a human resources department, a team leader, or any other person or team depending on the size of the organization
- This point of contact should be someone that the employees can trust to provide a fair and unbiased approach to their grievances
- It’s important to make sure that the primary contact is someone that has the authority to handle the grievances and can make decisions on how to resolve them
- Once the primary contact has been identified, make sure that their information is easily accessible to all employees and that everyone is aware of who to go to for help with their grievances
- When you know who the primary contact is, and you have made sure that everyone is aware of who to go to, you can check this off your list and move on to the next step.
Who will be responsible for documentation
- Determine who will be responsible for documenting grievances, such as keeping track of the nature of the grievance, the parties involved, and the resolution.
- This responsibility may fall on the primary contact, or it may be designated to another member of the team.
- Make sure that the documentation process is clear and consistent.
- Once you have determined who will be responsible for documentation, document the process and assign the task to the designated individual.
- You can check this off your list when the process is documented and assigned to the designated individual.
Who will be responsible for decision-making
- Identify who will be responsible for making decisions regarding grievances.
- Determine the appropriate decision-making process and associated timeline.
- Develop a plan to implement the decision-making process.
- Establish how decisions will be communicated and documented.
- Once all of the above steps are completed, you can check this off your list and move on to the next step.
Establishing a communication strategy for addressing grievances
- Determine which communication methods will be used to effectively communicate with those who need to be involved in the grievance process (e.g. email, phone, face-to-face, etc.)
- Establish guidelines for how grievances should be communicated (e.g. in writing, in person, by phone, etc.)
- Define the time frames and deadlines for addressing grievances.
- Develop a procedure for involving third parties (if necessary) in the grievance process.
How you’ll know when you can check this off your list and move on to the next step:
- You will know when you have established a communication strategy for addressing grievances when you have created guidelines for how grievances should be communicated, defined time frames and deadlines, and developed a procedure for involving third parties (if necessary).
Establishing protocols for communication between parties
- Outline the protocol for communication between parties, including how grievances will be communicated and how the process will be monitored.
- Make sure that all parties are informed of the protocol and understand the process.
- Once the protocol is established and all parties understand the process, this step is complete and you can move on to the next step.
Identifying methods for communication (e.g. email, phone, etc.)
- Research what communication methods are available and decide which are best to use for the grievance policy.
- Determine how parties will communicate with one another (e.g. email, phone, in-person, etc.).
- Decide how long parties have to respond to communications.
- Once you have identified the communication methods and protocols, you can move on to establishing dispute resolution procedures.
Establishing dispute resolution procedures
- Identify the process for resolving disputes, such as mediation or arbitration
- Define the parties involved in the dispute resolution process
- Outline the roles and responsibilities of each party in dispute resolution
- Establish a timeline for the dispute resolution process
- Determine the outcome of the dispute resolution process (e.g. binding or non-binding resolution)
- Determine the applicable laws and regulations
- Establish a process for appealing the resolution of the dispute
Once you have outlined the process for dispute resolution and established the parties involved, roles and responsibilities, timeline, outcome, applicable laws, and appeal process, you can check this step off your list and move on to the next step.
Establishing a process for mediation or arbitration
- Develop a plan for the mediation and/or arbitration process.
- Identify a neutral third party to handle the mediation and/or arbitration process.
- Determine the rules of mediation and/or arbitration and how fees will be handled.
- Decide how the results of the mediation and/or arbitration will be documented.
- Outline how the process can be initiated, such as by a written request to the grievance officer.
- Determine when the mediation and/or arbitration process will be used.
- Establish a timeline for the process.
Once the process for mediation and/or arbitration has been established and documented, you can move on to the next step.
Establishing a process for appeals
- Decide on the type of appeals process you want to use. Consider an internal appeals process for employees, or an external appeals process involving a neutral third-party.
- Create the appeals process based on the decision you made. Include the details of who can appeal, what can be appealed, how appeals are to be submitted, and how long the appeals process will take.
- Finalize the appeals process by having it reviewed by a legal professional and making sure it is in compliance with all laws and regulations.
- Once the appeals process has been finalized, communicate the policy to all employees.
- You can check this step off your list when you have a finalized appeals process in place.
Establishing a final decision maker for grievances
• Establish who will be responsible for making the final decision on grievances.
• This should be someone who is impartial and not involved in the grievance itself.
• This individual should be knowledgeable about the company’s policies and procedures and be able to make a fair and unbiased decision.
• It is important to ensure that all employees are aware of who the final decision maker is and how to contact them.
How you’ll know when you can check this off your list and move on to the next step:
• When you have identified the individual who will be responsible for making the final decision on grievances and communicated this to all employees, you can check this off your list and move on to the next step.
Identifying who will make the final decision
- Decide who will make the final decision on grievances within the organization
- Consider the roles and responsibilities of each person or team that will be involved in making the final decision
- Determine the criteria for the final decision maker (e.g. qualifications, experience, expertise, etc.)
- Document who will make the final decision and their role within the organization
- When you have identified the final decision maker, you can move on to the next step of establishing protocols for the final decision-making process.
Establishing protocols for the final decision-making process
- Decide on the protocols that will be used to reach a final decision on grievances.
- Establish how long the decision-making process should take and how often it should be reviewed.
- Determine who will be involved in the decision-making process.
- Specify how much input each person or group will have in the decision-making process.
- Define how to track the progress of the decision-making process.
Once these protocols have been established, you can check this step off your list and move on to the next step, which is Establishing a record keeping and reporting system.
Establishing a record keeping and reporting system
- Determine the method of recording and tracking grievances.
- Establish a system for reporting and documenting grievances.
- Identify the personnel responsible for maintaining records of grievances.
- Designate a location for storing records securely.
- Determine the time period for retaining records and document destruction policy.
Once the record keeping and reporting system is established, the next step is to identify who is responsible for record-keeping.
Identifying who is responsible for record-keeping
- Identify an individual or team within your organization who will be responsible for managing the grievance policy and record-keeping.
- Consider the experience, skill, and qualifications of the team members and assign roles accordingly.
- Make sure the individual or team is adequately trained in the grievance policy, record-keeping and filing system.
- Ensure that the individual or team is available to handle grievances from employees and assesses the situations appropriately.
- When you have identified the individual or team, you can check this step off the list and move on to establishing a filing system for grievances.
Establishing a filing system for grievances
- Decide what type of filing system you want to use for grievances. Consider whether you want to use a physical filing system or a digital one.
- Create a filing system that meets your needs and is easily accessible for all relevant parties.
- Create a filing system that is organized, clear, and easy to use.
- Set up a system to document when grievances have been filed, when they have been resolved, and any other information relevant to the grievance.
- Make sure the filing system is secure.
- Once you have established the filing system, you can move on to the next step, which is establishing a review process for grievances.
Establishing a review process for grievances
- Create a system for how grievances are reviewed and addressed, including the timeline for each step and who is responsible for making decisions.
- Develop a process for appeals, including how to file an appeal and when it would be appropriate.
- Ensure that the review process complies with relevant laws and regulations.
- Document the review process and include it in the grievance policy.
Once the review process has been documented and included in the grievance policy, this step can be checked off and the next step of establishing protocols for periodic reviews can be completed.
Establishing protocols for periodic reviews
- Create a timeline for how often the grievance policy will be reviewed
- Schedule review meetings with the appropriate stakeholders
- Set up a system to track changes to the policy
- Document the decisions made during reviews
- When the review process is complete, document the changes to the grievance policy
- Check off this step and move on to establishing a process for updating the policy based on reviews.
Establishing a process for updating the policy based on reviews
- Create a review process to ensure the policy is updated regularly
- Decide on the frequency of reviews and who should be involved in the process
- Make sure the review process includes feedback from employees and management
- Ensure the review process includes a plan for implementing any changes to the policy
- Make sure the review process includes a timeline for implementing any changes to the policy
- Once the review process is established, mark this step as complete and move on to the next step.
Recommending best practices for employers
- Research best practices in the industry to ensure your policy is fair and reasonable
- Consult with legal experts for advice and guidance
- Create a list of recommended best practices for all employers
- Have a panel of experts review and approve the best practices list
- Publish the best practices list in the policy document
- Check off the step when you have finished creating the recommended best practices list and have published it in the policy document.
Educating employers on the policy
- Inform employers of their obligations and responsibilities under the grievance policy
- Create a training program to educate employers on the grievance policy, its procedures, and their role in implementing it
- Ensure employers understand their role in responding to employee grievances
- Make sure employers are aware of the consequences of not following the grievance policy
- Ensure employers are aware of the resources available to address employee grievances
- Once training is complete, assess employers’ understanding of the policy and document their compliance
- When all employers have been educated on the policy and their understanding is documented, this step is complete.
Identifying resources to address grievances
- Research other organizations’ grievance policies to get ideas on best practices.
- Identify potential resources or external organizations to which employees can turn to in the event of a grievance.
- Consider local or state agencies, unions, or other non-profit organizations that may be able to help.
- Once you have identified the necessary resources, you can move on to the next step.
Recommending strategies for addressing grievances in the workplace
- Research best practices for grievance handling and consider the unique needs of your organization
- Develop a written policy outlining the process for handling grievances and which resources are available to employees
- Make sure the grievance policy is easily accessible and understandable to all employees
- Establish a timeline for each step of the grievance process
- Consider providing additional training to supervisors and managers on how to handle grievances
- You can check this step off your list and move on when you have a written policy outlining the grievance process and resources available to employees.
FAQ
Q: How do I ensure my grievance policy complies with the applicable legislation in my jurisdiction?
Asked by Emma on January 17th 2022.
A: The first step when creating a grievance policy is to ensure that it complies with the applicable legislation in your jurisdiction. Depending on where you’re located, you may need to check federal and state laws, as well as any local ordinances that are applicable. You should also consult with a qualified legal professional to ensure that your policy is compliant with all relevant laws and regulations.
Q: How do I ensure that my grievance policy is tailored to my specific industry?
Asked by Noah on April 5th 2022.
A: Depending on the industry you work in, you may need to tailor certain aspects of your grievance policy. For example, if you work in a regulated industry like healthcare or finance, you may need to include specific language about compliance with industry regulations. Additionally, different industries may have different expectations for how grievances should be handled. Consulting with a lawyer and/or an HR professional can help you create a grievance policy that is tailored to your specific industry.
Q: What should be included in a comprehensive grievance policy?
Asked by Abigail on February 12th 2022.
A: A comprehensive grievance policy should outline the process for filing, investigating, and resolving employee grievances. It should also define what constitutes a valid grievance and provide guidance on how grievances should be handled. Additionally, your policy should include information about who is responsible for handling grievances, what evidence must be provided when filing a grievance, and any relevant deadlines or timelines related to the resolution of the grievance.
Q: How often should I review my grievance policy?
Asked by Mason on June 18th 2022.
A: You should review your grievance policy regularly to ensure that it is up-to-date and compliant with all applicable laws and regulations. Additionally, you should review your policy at least annually to make sure it takes into account any changes in the workplace or industry that may require updates to the policy. Additionally, if there are changes made to relevant federal or state laws or changes in your company’s structure or operations, you should review your policy to make sure it reflects these changes.
Q: How do I handle grievances that involve multiple parties?
Asked by Sophia on March 7th 2022.
A: When handling grievances that involve multiple parties, it’s important to be transparent and impartial throughout the process. Make sure all parties have access to the same information and are aware of the process that will be used to investigate and resolve the grievance. Additionally, make sure all parties are given an opportunity to provide input into the resolution process and are treated fairly throughout the process.
Q: How do I ensure confidentiality when handling grievances?
Asked by Liam on August 20th 2022.
A: It’s important to maintain confidentiality when handling grievances in order to protect both parties involved in the dispute. As part of your grievance procedure, you should include language about how information related to the dispute will be kept confidential except where required by law or other regulatory bodies. Additionally, you should provide clear guidelines about who will have access to information related to the dispute and what steps will be taken to protect confidential information from being shared or disclosed without permission from both parties involved in the dispute.
Q: What legal ramifications could arise from not having a comprehensive grievance policy?
Asked by Ava on October 3rd 2022.
A: Depending on your jurisdiction, not having a comprehensive grievance policy could lead to legal ramifications such as fines or sanctions from regulatory bodies or even lawsuits from employees who feel their rights have been violated due to lack of a proper procedure for filing grievances or resolving disputes in a timely manner. It’s important to consult with a qualified legal professional when creating a comprehensive grievance policy so that all applicable laws and regulations are taken into consideration and followed properly.
Q: How do I handle grievances filed against members of senior management?
Asked by Michael on July 1st 2022.
A: When handling grievances filed against senior management personnel, it’s important to treat these complaints with extra care and caution due to their potential impact on the overall reputation of the organization. Make sure all parties involved receive equal treatment throughout the process and that any decision made is based solely on facts presented during the investigation process without bias towards any party involved in the dispute. Additionally, it’s important for senior management personnel who are accused of wrongdoing during an investigation process to remain impartial throughout so as not to influence any findings or decisions made during this process.
Q: What rights do employees have under UK law when filing a grievance?
Asked by Emily on September 15th 2022.
A: Under UK law, employees have certain rights when filing a grievance which include but are not limited to; access to all relevant documents related to their complaint; protection from victimisation for making a complaint; confidentiality; access to independent support throughout the process; access to independent advice such as legal aid; protection from disciplinary action for making a complaint; and access to remedies such as compensation if they suffer any detriment due to making a complaint or taking part in the investigation process. Employees can find further information about their rights under UK law at
Q: Are there any differences between US and EU law when it comes to employee grievances?
Asked by Noah on November 18th 2022.
A: Generally speaking there are some similarities between US and EU law when it comes employee grievances such as protection from discrimination or unfair treatment for filing a complaint; however there can be some differences depending on local laws or regulations within each jurisdiction which could impact how employee grievances are handled at an organizational level in each jurisdiction separately so it’s important for employers operating within both US and EU jurisdictions consult with legal professionals familiar with both jurisdictions prior creating policies which apply across both regions simultaneously .
Q: What types of evidence can I use when investigating employee grievances?
Asked by Abigail on December 22nd 2022.
A: When investigating employee grievances it’s important for employers collect as much evidence as possible in order substantiate any claims made by either party during the investigation process including but not limited statements made by witnesses; written evidence such as emails or notes taken during meetings; audio recordings (if they were made lawfully); video recordings (if they were made lawfully); medical reports; performance reviews; records of disciplinary action taken against either party prior filing of complaint; etc… Employers should consult with qualified legal professionals prior beginning any investigations involving employee grievances in order ensure all evidence collected is done lawfully so as not violate any laws or regulations applicable within their jurisdiction(s).
Example dispute
Suing a Company for Violating a Grievance Policy
- Research the types of grievances that may be covered in the policy and the procedures that must be followed in the event a grievance is filed.
- Verify whether the company has a grievance policy in place and if it was followed when the grievance was filed.
- Determine if the company violated the terms of the policy and if it caused any harm to the plaintiff.
- File a lawsuit citing any relevant regulations or civil laws which may have been violated by the company, as well as any damages suffered as a result.
- Submit evidence to the court to prove the violation and the damages.
- Seek settlement from the company, either through mediation or direct negotiation.
- If the case goes to trial, the court will assess the damages and order the company to pay the plaintiff accordingly.
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