Do I Need An Attorney to represent me in filing a grievance or appeal?
You should consider hiring an attorney if:
- You have been charged with a violation of a regulation or the law.
- The situation could result in you being terminated from your job.
- The situation has resulted in a financial loss that would exceed the cost of hiring an attorney.
- You do not feel comfortable defending yourself in front of your management or in front of the state personnel board.
- If the case is likely to end up in court.
- The benefits of winning the case outweigh the cost of hiring an attorney and the chance that you may lose anyway.
Should I file a grievance or appeal?
A grievance may be filed in response to any action, taken by management, that negatively impacts your job. Grievances advance only to the appointing authority of your cabinet and do not automatically advance to the Personnel Board.
Grievance Form
A Personnel Board appeal may filed in response to one of the following:
- Dismissal from your job
- Demotion from your position
- Suspension
- Disciplinary fine
- Involuntary transfer
- Layoff
- Employee Evaluation (fails to meet only)
- Applicant Rejection
- Discrimination (ONLY: race, color, religion, ethnic origin, sex, handicap, political or age 40-70)
- Denied, abridged or impeded your right to inspect or copy personnel records.
Appeal Form-
- The Crucial "W's" of Filing a Grievance or Appeal
You should be able to answer each of the following W's as part of your grievance or appeal.
- Who are the people involved in the incident (fellow employees, management, witnesses)
- When did it happen? (Exact time and date)
- When must it be filed? (grievance -30 day deadline, Appeal - 30 or 60 day deadline)
- Where did it happen?
- What exactly happened? (In detail)
- What makes it grievable?
- What is wrong with what happened?
- What statute or regulation does it violate?
- What would you accept to make the situation right again (this is known as making you whole)
State Merit Personnel Law (KRS 18A)
Your rights under state merit personnel regulations. (101 KAR)
The state employee grievance system. (101 KAR 1:375)
The Personnel Board Appeal Process. (KRS 18A.095)
Your rights under the ATC personnel law. (KRS 151B)
Your rights under the ATC personnel regulations. (780 KAR)
How do I file an open records request to get information related to my grievance or appeal.
Information on the Americans with Disabilities Act (ADA) link to http://ada.ky.gov/
Employees' refusal to work when dangerous conditions exist. (803 KAR 2:220)
Representing yourself at a Personnel Board Hearing
Kentucky Employee Mediation Program (KEMP)
Kentucky Employee Assistance Program (KEAP)
AFL-CIO Ask a Lawyer Website
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Downloadable forms & Information:
State Grievance Form
Personnel Board Appeal Form
Employee Handbook
Employee Performance Evaluation System