Public Employee Grievances

Understanding Public Employee Grievances in West Virginia

Public employees in West Virginia have the right to speak up when they are treated unfairly in the workplace. Whether it’s wrongful termination, retaliation, unfair discipline, or other workplace violations, filing a grievance may be the first step in protecting your job and your future.

At Klie Law Offices, we help public employees navigate the often complex grievance process. From our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg, we serve clients across West Virginia.

What Is a Public Employee Grievance?

A grievance is a formal complaint filed by a public employee who believes they have been subjected to unlawful or unfair treatment by their employer. This could involve issues like:

Unfair discipline or demotion
Wrongful termination
Retaliation for whistleblowing or union activity
Discrimination or harassment
Denial of earned benefits, leave, or pay

West Virginia has a Public Employees Grievance Board, a formal system that allows many state and local government workers to challenge actions taken against them.

Who Can File a Grievance in West Virginia?

The West Virginia Public Employees Grievance Board handles grievances for most public sector employees, including:

State agency workers
Public school employees (teachers, aides, bus drivers)
Higher education employees
County board of education employees

If you’re unsure whether you are eligible to file a grievance, contact Klie Law Offices for a confidential evaluation.

Deadlines Matter

Strict timelines apply to public employee grievances. In West Virginia, the general rule is 15 days from the date of the incident. That means if your employer takes an action you believe is unjust—such as issuing a disciplinary notice, demoting you, or taking adverse action against you—you must file your grievance within 15 working days. This includes weekends and holidays, unless your contract or agency policy specifies otherwise.

It’s important to understand that this deadline applies to when your grievance is received, not just when it’s emailed. That means last-minute submissions can easily fall outside the permitted window. A delay, miscommunication, or technical error could result in your grievance being dismissed solely on procedural grounds.

In some situations, the 15-day clock may reset or be extended, such as in ongoing or repeated violations like a hostile work environment or continuous retaliation. However, these are nuanced situations and require a strong legal argument supported by documentation. Courts and the Grievance Board may strictly interpret the 15-day limit, making it risky to rely on exceptions without legal guidance.

Additionally, grievances that are improperly formatted or submitted to the wrong department may not count, even if sent on time. The process can be deceptively complex, especially for first-time filers. Working with an attorney ensures your grievance is not only timely but also clear, complete, and legally sound.

Missing this deadline could permanently bar you from seeking relief under the grievance system. That’s why contacting a qualified attorney as soon as you suspect unfair treatment is critical.

How Klie Law Offices Can Help

Filing and pursuing a grievance can be intimidating, especially when you’re up against a government agency, school board, or other public employer with more resources and legal support. That’s where we come in.

The employment law attorneys at Klie Law Offices have extensive experience guiding public employees through each stage of the grievance process. Our approach is personal, thorough, and aggressive when needed. Here’s how we help:

Initial evaluation: We review the facts, documents, and deadlines to quickly determine the strength of your case.
Deadline management: We help you file your grievance properly and on time, ensuring procedural rules are met.
Statement preparation: We work with you to craft a compelling and well-documented grievance statement.
Representation: We represent you at Level One hearings, Level Two mediation, and Level Three evidentiary hearings if needed.
Evidence gathering: We assist in securing emails, personnel files, witness statements, and other documents to support your claims.
Negotiation and settlement: We explore opportunities to resolve your grievance favorably through strategic negotiation.
Escalation: If the grievance process fails, we can pursue additional legal remedies such as retaliation claims, discrimination lawsuits, or whistleblower protections in court.

Every case is unique, and we tailor our strategy to your goals—whether that’s reinstatement, back pay, or clearing your professional record. You don’t have to face your employer alone. We’re here to protect your rights and fight for the outcome you deserve.

Frequently Asked Questions

Do I need a lawyer to file a grievance?

Not always, but having legal representation improves your chances of success, especially in formal hearings. We can help you avoid procedural mistakes and present the strongest possible case.

What if I’m part of a union?

You can still seek legal advice, even if your union provides representation. In fact, our attorneys often work alongside union reps in complex or high-stakes case

Can I be fired for filing a grievance?

No. Retaliation for filing a grievance is illegal. If you are punished for asserting your rights, you may have grounds for an additional claim.

Serving Public Employees Throughout West Virginia

We proudly serve government employees statewide.

The Grievance Process in West Virginia

West Virginia follows a three-level grievance process:

Level One: Informal or Formal Hearing

Most grievances begin with a written complaint filed with your employer within 15 days of the incident. You may request a conference with a supervisor or a formal Level One hearing. A decision is typically issued within 15 days.

Level Two: Mediation

If you are unsatisfied with the Level One outcome, you can request mediation at Level Two. A neutral mediator will attempt to resolve the dispute between you and your employer.

Level Three: Evidentiary Hearing

If mediation fails, you may proceed to Level Three—a formal evidentiary hearing before an administrative law judge at the Grievance Board. This hearing is similar to a trial, where evidence is presented, and witnesses may testify.

Common Grounds for Filing a Grievance

Some of the most common reasons for public employee grievances include:

Disciplinary actions (suspension, demotion, written warnings)
Hostile work environment
Retaliation for reporting wrongdoing
Denial of promotions or raises for discriminatory reasons
Schedule or overtime disputes
Violation of union contract terms

Documentation and Evidence You’ll Need

A strong grievance case relies on timely documentation and evidence. Helpful items include:

Emails or written communications
Disciplinary notices
Witness statements
Employment contracts or CBAs
Notes about conversations or incidents
Performance evaluations

Contact Us Today to Protect Your Rights

If you believe you’ve been wronged at work as a public employee, don’t wait. The deadlines are tight, and the process can be complex. Schedule a confidential case evaluation with Klie Law Offices today. Let us stand up for your rights and fight for the justice you deserve. Our attorneys can help you gather and organize the right evidence to present your strongest possible case.

How can a West Virginia lawyer help me?

Knowing what to do in such cases can be confusing. That’s why it’s critical that you talk to an attorney at our law firm as soon as possible about your potential case. You have rights. And our law firm can vigorously represent them.

Depending on the circumstances of your case, we may file a complaint with the U.S. Department of Labor. Or after consulting with us, you may decide to have us file a lawsuit on your behalf against your employer.

Such decisions can be very complicated and can have a major impact on your life. That’s why it’s critical that you consult with an attorney at our law firm right away. Contact us and schedule your case evaluation today. We know how to get the job done right.