Representing Virginia Public Employees in Grievances
Attorney David L. Ostwinkle
The Virginia Public Employee Grievance Process.
If you’re a Virginia state employee who’s been disciplined at work, you have job protection rights through the grievance process. In most cases, if your employer has issued a written Group Notice explaining their reasons for the disciplinary action, you can file a grievance to challenge it. This applies to most permanent (non-probationary) employees.
Filing a Grievance
To start, you’ll need to file the grievance on time according to the guidelines in the Grievance Procedures Manual from the Virginia Department of Human Resources (DHRM). While some grievances are handled within the agency, certain issues qualify for a hearing with a DHRM Hearing Officer. These include:
- Formal discipline (like a Written Notice)
- Dismissal for poor job performance
- Termination
- Demotion
This process helps ensure your side of the story is heard and allows you to dispute decisions you believe are unfair.
Qualifying for a Hearing
Some types of discipline may qualify for a hearing: unfair treatment can include the improper use of workplace policies or rules, discrimination, and retaliation for using the grievance process. Discrimination might be based on race, color, religion, political views, age, disability, national origin, sex, pregnancy, childbirth or related medical conditions, marital status, sexual orientation, gender identity, or veteran status. Unfair actions can also include informal discipline, like terminations, transfers, assignments, demotions, and suspensions, even if they don’t come with a formal written notice, as long as they are mainly disciplinary.
The Hearing
If your case qualifies for a hearing with a Hearing Officer from the Office of Employment Dispute Resolution, you’ll have the chance to present evidence, call witnesses, and question the agency’s witnesses. You can also choose to have a lawyer help you through the grievance process and represent you during the hearing. Since the grievance process and hearings can be complex, having a lawyer by your side can make things easier and help ensure your case is well-presented.
Prevailing
If you substantially prevail in your grievance, the Hearing Officer can do things like cancel Group Notices, order your reinstatement, award back pay, and even require payment of your attorney fees.
Meet our team
David Ostwinkle has dedicated his career to serving the public and advocating for public employees. In his private practice, he currently serves as General Counsel for several police-focused charitable foundations, bringing deep expertise and commitment to the law enforcement community. His experience is comprehensive, including a range of supervisory roles with the Virginia Department of State Police, where he provided legal counsel on diverse issues, acted as Legislative Liaison to the General Assembly, and served as the agency’s Freedom of Information Act Officer. David has also served as an Assistant Commonwealth’s Attorney, a local police officer, and a reserve deputy, giving him a strong foundation in both public safety and legal advocacy. He holds a B.S. in Criminal Justice from Virginia Commonwealth University and a J.D. from Mississippi College School of Law. David’s unique blend of hands-on law enforcement experience and legal acumen makes him a valuable asset in public employee discipline matters with insight and integrity.
I’m currently working closely with Attorney Mark Baron in an “of counsel” role, bringing you the benefit of over 30 years of experience in Virginia grievance law. Mark has a deep background in successfully navigating grievance cases for both Virginia state and local government employees under The Virginia Grievance Procedure and other relevant policies. Together, we offer insights and strategies for protecting careers from adverse employment actions.
Mark has authored two books, “Saving Public Service Careers from Attack” and “Saving Public Service Careers from Attack: Cases.” The first book is a practical guide on proven strategies for administrative law processes, and the second is a collection of real case studies showing these strategies in action. Our collaborative approach combines Mark’s extensive experience with my dedication to defending public service careers, equipping our clients with powerful tools to safeguard their professional futures.
David Ostwinkle
Attorney
Virginia Grievance Tips
✅ Free Consultations. I provide a FREE initial phone consultation.
✅ Employee-centered Representation. I work to empower Virginia employees with skilled grievance representation at an affordable cost.
✅ Contact Me When Disciplinary Problems First Emerge. Acting promptly is crucial, and it’s advisable to consult with me at the first sign of workplace trouble that may lead to an adverse employment action. Waiting until the grievance process advances to a hearing diminishes the likelihood of success. I can provide guidance at every stage, including formal hearings, but early consultation is key.
✅ Don’t Rely On Your Human Resources Department Never rely on your employer’s Human Resource Unit for help. Many employees misunderstand that a grievance procedure is a legal process, often disguised as a simple one where legal representation is deemed unnecessary by your Human Resources Department. This misconception can have severe consequences.
✅ The Grievance Process is a LEGAL Issue. The grievance process is like a mini-trial where you present your case to an administrative judge or panel, who then issues a written decision. It includes formal elements like questioning witnesses, which can make it complex and intimidating. Going through this alone can put your job and livelihood at risk. Having an experienced grievance lawyer by your side—someone who understands workplace policies, past cases, and the laws that apply—greatly increases your chances of a positive outcome and gives you the support you need to navigate the process confidently.
✅ Choose an Effective Team. In addition to my representation in Employment Dispute Resolution (EDR) cases, I currently collaborate closely with Attorney Mark Baron in an “of counsel” arrangement. Mark has 30+ years of experience as a Virginia grievance lawyer handling employment grievance cases under The Virginia Grievance Procedure and applicable law for Virginia state government employees, and handling grievance cases under the various grievance procedures for Virginia local government employees. He has authored two insightful books on government employee rights, providing strategies to successfully navigate adverse employment actions.
Agency Coverage
Alexandria Police Department | Arlington County Police Department | Bristol Police Department | Buena Vista Police Department | Charlottesville Police Department | Chesapeake Police Department | Chesterfield County Police Department | Colonial Heights Police Department | Covington Division of Police | Danville Police Department | Department for Aging and Rehabilitative Services | Department for the Blind and Vision Impaired | Department for the Deaf and Hard-Of-Hearing | Department of Accounts | Department of Agriculture and Consumer Services | Department of Aviation | Department of Behavioral Health and Developmental Services | Department of Conservation and Recreation | Department of Corrections Department of Criminal Justice Services | Department of Education, Central Office Operations | Department of Elections | Department of Emergency Management | Department of Energy | Department of Environmental Quality | Department of Fire Programs Department of Forensic Science | Department of Forestry Department of General Services | Department of Health Department of Health Professions | Department of Historic Resources Department of Housing and Community Development | Department of Human Resource Management | Department of Juvenile Justice | Department of Labor and Industry | Department of Medical Assistance Services Department of Military Affairs Department of Motor Vehicles | Department of Motor Vehicles | Department of Planning and Budget | Department of Professional and Occupational Regulation | Department of Rail and Public Transportation | Department of Small Business and Supplier Diversity | Department of Social Services | Department of State Police | Department of Taxation | Department of the Treasury | Department of Transportation| Department of Veterans Services | Department of Wildlife Resources | Department of Workforce Development and Advancement | Fairfax County Police Department | City of Fairfax Police Department | City of Falls Church Police Department | Franklin Police Department | Fredericksburg Police Department | Galax Police Department | Hampton Police Department | Harrisonburg Police Department | Henrico County Police Department | Hopewell Police Department | James City County Police Department | Lexington Police Department | Lynchburg Police Department | Manassas Police Department | Manassas Park Police Department | Marine Resources Commission | Martinsville Police Department | Newport News Police Department | Norfolk Police Department | Norton Police Department | Petersburg Bureau of Police | Poquoson Police Department | Portsmouth Police Department | Prince George County Police Department | Prince William County Police Department | Radford Police Department | Richmond Police Department | Roanoke Police Department Salem Police Department | Staunton Police Department | Suffolk Police Department | The Library Of Virginia | The Science Museum of Virginia | Virginia Alcoholic Beverage Control Authority | Virginia Beach Police Department | Virginia Board for People with Disabilities | Virginia Center for Behavioral Rehabilitation | Virginia Commercial Space Flight Authority | Virginia Commission for the Arts Virginia Department of Agriculture and Consumer Services – Charitable Gaming | Virginia Department of Corrections | Virginia Department of Fire Programs – State Fire Marshal’s Office | Virginia Department of Forestry Virginia | Department of Juvenile Justice | Virginia Department of Motor Vehicles Law Enforcement Division | Virginia Department of Wildlife Resources Conservation Police | Virginia Division of Capitol Police |Virginia Economic Development Partnership | Virginia Employment Commission | Virginia Information Technologies Agency | Virginia Innovation Partnership Authority | Virginia Marine Police | Virginia Museum of Fine Arts | Virginia Museum of Natural History | Virginia Office of State Inspector General | Virginia Parole Board | Virginia Passenger Rail Authority | Virginia Port Authority | Virginia Port Authority Police | Virginia Racing Commission | Virginia Rehabilitation Center for the Blind and Vision Impaired | Virginia Retirement System | Virginia School for the Deaf and the Blind | Virginia State Lottery Security Division | Virginia State Parks Police | Virginia Tourism Authority | Waynesboro Police Department | Williamsburg Police Department | Wilson Workforce and Rehabilitation Center | Winchester Police Department
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Representing Virginia Public Employees in Grievances