Virginia Employment Grievance Attorney

Explained: the Grievance Process

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by

David
in

The Grievance Process in Virginia

  1. Filing the Grievance: To initiate a grievance, an employee must file a written grievance within 30 calendar days of the event. This timeline is strictly enforced, and failure to meet it can result in dismissal of the grievance. Filing procedures are outlined in the Grievance Procedure Manual and are specific to Virginia public employees.
  2. Internal Agency Resolution: Once the grievance is filed, it goes through initial steps within the agency. Many grievances are resolved in this stage through discussions with supervisors or human resources. If the issue remains unresolved, the employee may escalate the grievance to a hearing.
  3. Qualification for a Hearing: Not all grievances qualify for a hearing. According to Code of Virginia § 2.2-3004(A), certain types of grievances, especially those involving disputes over pay or performance evaluations without disciplinary action, may not qualify for a full hearing. The agency or DHRM’s Office of Employment Dispute Resolution (EDR) decides whether a grievance meets the criteria for a hearing.
  4. Hearing Before a Hearing Officer: If the grievance qualifies, a hearing is scheduled before a Hearing Officer appointed by EDR. This stage resembles a non-jury trial, where both sides present evidence, cross-examine witnesses, and argue their case. Virginia law mandates that the Hearing Officer’s decision must be based on a preponderance of the evidence—meaning the evidence must show that it is more likely than not that the grievance is justified (DHRM Grievance Procedure Manual, § 5.9).
  5. Hearing Outcome and Written Decision: After the hearing, the Hearing Officer issues a written decision, which may include remedies such as:
    • Rescinding disciplinary actions (e.g., revoking a written notice),
    • Reinstating the employee if they were terminated,
    • Awarding back pay or restoring lost benefits, and
    • Covering attorney’s fees if the employee substantially prevails in the grievance (Code of Virginia § 2.2-3005.1).