The greater Richmond area serves as home to thousands of local, state and federal employees who have unique employment rights and concerns as government employees. My office offers substantial experience in public sector employment law and can assist government employees with the many complicated administrative processes and procedures associated with government employent.

Commonwealth of Virginia Employees

For State employees, the Virginia grievance process provides valuable protection for one’s employment interests.  Typically, an Agency must issue a Group Notice to detail its basis for disciplinary actions.  Unless otherwise exempted by statute, classified (non-probationary) employees may challenge disciplinary actions and termination decisions by filing a timely grievance with their Agency.  Other issues such as the misapplication of written policy, discrimination and retaliation for utilization of the grievance process also may qualify for a grievance hearing.

The Virginia grievance process culminates with a hearing before a Hearing Officer from the Department of Employment Dispute Resolution. www.edr.state.va.us  At the hearing, the employee has the right to cross-examine the Agency witnesses, call his or her own witnesses, and to introduce documents as evidence.  The employee is entitled to be represented by counsel.   The Hearing Officer has the authority to rescind Group notices, to order reinstatement, to award back-pay and to award attorney fees.  However, the Hearing Officer cannot change Agency policy or award compensatory damages.

City and County Employees

Similar to State employment, the Virginia Code requires each locality that has more than 15 employees to establish a grievance procedure.  If a local governing body fails to adopt a grievance procedure, the state grievance procedure becomes applicable for so long as the locality remains in noncompliance.  In this area, Richmond, Petersburg, Chesterfield, Hanover and Henrico all have established grievance procedures that reply upon hearings before either a personnel board or a selected panel.  The employee is entitled to be represented by counsel.  While these processes resemble the State system, each locality has its own time limitations and procedural requirements.  To view the specifics of the grievance policy for your locality you should request a copy of the policy from the locality’s Human resources department.

Federal Employees

        Federal employees also have a unique set of grievance and appeal opportunities.  With regard to terminations or removal decisions, many federal employees may be eligible to file an appeal before the Merit Systems Protection Board.  With regard to discrimination complaints, the Federal sector implements its own EEO process that is different and distinct from the process utilized by state and private sector employees.  Under the Federal EEO process, claims must be initiated within much tighter deadlines, and employees usually proceed through an Administrative Hearings process before they take cases to Court. Additionally, some Federal employees, such as Postal Service workers, may have grievance rights under a union contract.

Law-Enforcement Officers

The Law Enforcement Officers’ Procedural Guarantees, as fond in the Virginia Code, designates a specific hearings process for most state law-enforcement personnel.  This procedure guarantees officers written notice of adverse charges and a right to a hearing before any dismissal, demotion, or suspension may be imposed.  Importantly however, the guarantees also provide officers the alternative of proceeding under an established state or local grievance procedure.

Public School Teachers

All public school teachers must be employed pursuant to written contracts.  Continuing contracts are issued after a probationary term of service for three years in the same school division.

        For “continuing contract” teachers, the Virginia Code provides for a formal grievance procedure in a termination case, which may include a fact-find hearing and a hearing before the involved school board.  The school board retains exclusive final authority over matters concerning employment and supervision of its personnel, including dismissals, suspensions and placing on probation.

For probationary teachers, before a superintendent recommends to the school board non-renewal of the contract of a teacher who has not achieved continuing contract status, the division superintendent must notify the teacher of the proposed recommendation. Upon written request of the teacher, the superintendent must orally provide the specific reasons, if any, for such recommendation, along with supporting documentation, if any, to the teacher.  In turn, the teacher may request a conference before the division superintendent.

If you are in need of assistance or counsel in these areas, please do not hesitate to contact me directly at 804-440- 6557 to schedule an initial consultation.

D. Scott Gordon, Attorney

7 East Franklin St.

Richmond, Virginia 23219

804-440-6557