Not all employer actions will qualify for a hearing. There are certain employer actions which will automatically qualify and some that may qualify. There are others which will not qualify.
△ Employer actions which automatically qualify:
- Formal discipline
- This will come in the form of a written notice
- Termination for unsatisfactory performance.
△ Employer Actions which may qualify:
- The unfair application policies and procedures;
- Discrimination on the basis of race, color, religion, political affiliation, age, disability, national origin, sex, pregnancy, childbirth or related medical conditions, marital status,sexual orientation, gender identity, or status as a veteran;
- Arbitrary performance evaluation;
- Retaliation for participating in the grievance process;
- Retaliation for reporting fraud or abuse;
- Retaliation for participating in the legislative process;
- Informal discipline
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- Discipline not accompanied by a written notice, but which are taken primarily for disciplinary reasons.
△ Employer actions which do not qualify:
- Informal discipline such as interim evaluations or counseling;
- Disputes about the revision of salaries, position classifications, or benefits;
- Disputes regarding the basis of law, policies or procedures;
- Disputes about how employee work is performed;
- Disputes about hiring, promotion, transfer, assignment, and retention of employees;
- Disputes about layoffs, workforce reductions, or job abolition;
- Disputes about job assignments accepted as a condition of employment or that are reasonably part of a certain job; or
- Relief of employees from duties in emergencies.