If your employer has a policy or procedure for making complaints or submitting grievances, follow the specified procedure. Even if your employer has no policy or procedure for submitting complaints, raise your concern with your supervisor or another appropriate person in management. Explain that you believe you have been treated unfairly, because the employer has not followed its own rules or handbook. Provide any other information that shows the action taken against you was wrong or unfair. Ask your employer to reconsider its action.

If you are not successful in getting your employer to change the action taken against you, you may want to consult an attorney. An employer’s failure to follow its own rules or handbook can constitute a violation of the covenant of good faith and fair dealing that is a part of all employment relationships in the State of Alaska. You may be able to sue your employer for breach of contract for violating that covenant.

If you believe that the action taken against you discriminated against you based on your race, gender, religion or some other basis prohibited by law, you may also want to consult the Alaska Human Rights Commission about filing a discrimination complaint against your employer. It does not cost anything to file a complaint with the Commission. The law protects employees who file discrimination complaints. Even if the commission concludes that your employer did not discriminate against you unlawfully, your employer will be prohibited from retaliating against you for filing your complaint, so long as you made your complaint in good faith.

Note:  This material was prepared and submitted by Juneau attorney Ann Gifford of Faulkner Banfield, PC.  Ms. Gifford is a member of the Alaska Bar Association's Employment Law section.