You Only Have 15 Days in WV to File a Grievance & Here’s Why You Need a Lawyer
If you’re a public employee in West Virginia and you’ve experienced wrongful treatment at work, such as discrimination, retaliation, or unfair disciplinary action, time is not on your side. Under the West Virginia Public Employees Grievance Procedure, you only have 15 working days from the date of the incident to file a grievance. Missing this critical deadline can forfeit your legal rights and remedies. That’s why it’s crucial to consult with an experienced employment law attorney as soon as possible.
At Klie Law Offices, we help workers in Buckhannon, Clarksburg, Morgantown, Parkersburg, and across West Virginia understand their rights and take swift action to protect their jobs, reputations, and futures. Here’s what you need to know.
What is the West Virginia Grievance Procedure?
The West Virginia Public Employees Grievance Board oversees a formal process for resolving workplace disputes involving state, county, and public school employees. This procedure provides a multi-step framework for addressing complaints related to:
- Suspensions, terminations, or demotions
- Harassment or hostile work environments
- Retaliation for whistleblowing
- Discrimination or favoritism
- Misapplication of policies or rules
Importantly, the grievance procedure is NOT the same as filing a lawsuit in civil court. It is an internal administrative process with its own rules, deadlines, and requirements. Employees must first attempt to resolve the issue through this process before they can pursue further legal action.
The 15-Day Deadline: Why It Matters
One of the most critical aspects of the grievance process is the strict 15 working day deadline to file your claim. This time frame begins from the date you knew or should have known about the adverse action.
If you miss this deadline:
- Your grievance may be dismissed automatically.
- You may lose the opportunity to present evidence or appeal the decision.
- You could be barred from taking the matter to court later.
This short window often catches people off guard. You might still be gathering facts, speaking with HR, or even trying to resolve the matter informally. But while you wait, the clock is ticking.
Why You Need an Employment Lawyer Immediately
Navigating the grievance process is not easy—especially when your job is on the line. Here’s how an attorney from Klie Law Offices can help:
1. Ensure Timely Filing
We calculate the deadline precisely and make sure all documentation is submitted before the cutoff.
2. Draft a Strong Initial Grievance
The success of your case can hinge on how your grievance is worded. We make sure your complaint is clearly stated and legally sound.
3. Collect Key Evidence
We work with you to gather relevant emails, performance reviews, witness statements, and other documents that support your claim.
4. Represent You at Every Level
The grievance procedure involves multiple stages:
- Level One: Conference with your employer
- Level Two: Mediation (optional)
- Level Three: Hearing before an administrative law judge
We advocate for you at each step, ensuring your rights are protected.
5. Prepare for Appeals or Additional Legal Action
If your grievance isn’t resolved favorably, we can advise on your options in circuit court or through federal claims like EEOC charges.
Common Mistakes Employees Make
Too often, employees unknowingly weaken their own case by:
- Delaying action beyond the 15-day window
- Failing to document the incident or conversations
- Trusting HR to resolve the issue fairly without independent help
- Trying to navigate the grievance process alone
Having a seasoned employment lawyer in Clarksburg or other WV city ensures you avoid these missteps.
What to Do If You’re Facing Workplace Issues
If you believe you’ve been wrongfully treated, take these steps immediately:
- Write down what happened – include names, dates, and specific details.
- Save relevant documents – emails, performance reviews, and memos.
- Don’t wait – contact an attorney right away.
Time is limited, and employers are often already preparing their defense.
FAQs: WV Grievance Process
What if I try to resolve the issue informally first?
You can, but it doesn’t pause the 15-day deadline. File the grievance anyway to preserve your rights.
Can I still file a lawsuit if I file a grievance?
In many cases, yes. But you must go through the grievance process first if you’re a public employee.
What if I’m not sure when the 15-day period started?
An attorney can help you calculate the correct date based on your situation.
Do I need a lawyer at Level One?
Technically no, but your employer will likely have legal counsel or HR. Level One sets the tone—legal representation can make a big difference.
For more on common employment law questions, visit our Employment FAQ page.
Serving Workers Across West Virginia
Klie Law Offices proudly represents public and private employees throughout West Virginia, including:
- Buckhannon
- Clarksburg
- Morgantown
- Parkersburg
We understand the unique laws that protect West Virginia workers and how to navigate them effectively.
Don’t Miss the Deadline. Contact Us Today.
You may only have 15 working days to file a grievance. Don’t risk your job, your income, or your future. Get legal advice immediately.
Book a confidential consultation with Klie Law Offices today and let us stand up for your rights.
