Rules Corner: Know Your Rights Under the State Grievance and Appeals Procedure

Utah law entitles career service employees to seek a remedy for an agency action or any other concern through the state of Utah Grievance and Appeal Procedure. Utah Code 67-19-3.1(1)(g) states:

“DHRM [Division of Human Resources Management] shall provide a formal procedure for advancing grievances of employees without discrimination, coercion, restraint or reprisal and in a manner that is fair, expeditious, and inexpensive for the employee and agency.”

The law also conveys certain rights to the employee during the process, including the right to obtain assistance by a representative (such as UPEA); to request a reasonable amount of time during work hours to prepare a grievance; and to call other employees as witnesses at a grievance hearing.

State statute was changed to also protect employees reporting retaliatory action. Employees who enter the grievance procedures are entitled to certain protections as stated in Utah Code 67-19a-303(3):

“No person may take any reprisals against any career service employee or a reporting employee for use of a grievance procedure describe in this chapter.”

Employees should also know that an agency may not place grievance materials and any documents related to a grievance in an employee’s personnel file. However, the agency may keep a separate file for the purposes of the grievance. This protection prevents agencies from prejudicing an employee who prevails in a grievance.

Furthermore, if any disciplinary action is rescinded through the grievance procedures, the agency and DHRM must remove the record from the employee’s personnel file.

Questions? Call (801)-264-8732 to reach a UPEA representative.

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