Virginia Employment Lawyer and Social Security disability Attorney

Areas of Practice

Initial Consultations

If you would like to discuss your employment or disability related concerns, call 804-440-6557 to schedule an initial consultation. You will meet directly with attorney D. Scott Gordon for an extended evaluation of your issues, not an inexperienced paralegal.

Schedule Employment Consultation

Schedule Disability Consultation

Virginia Grievance Procedure

The Commonwealth of Virginia has established a dispute resolution policy and grievance procedure for qualified state employees, which is administered by the Virginia Department of Human Resource Management - Office of Employment Dispute Resolution.  Certain probationary, non-classified and executive personnel may be exempt from the policy.

The Process of Initiating a Grievance

The primary stages of the grievance procedure include:

(i) Management Step Sesolution

(ii) Hearings

(iii) Review and Appeals.

While any issue can be grieved for the purpose of participating in management step resolution, only certain adverse actions qualify for a formal grievance hearing. To initiate a grievance, Employees must file a formal written grievance within 30 calendar days of the employee’s knowledge of the event giving rise to the complaint. 

The grievance form and filing details are provided by the Virginia DHRM's Division of Employment Dispute Resolution (“EDR”). In non-termination cases, a grievance typically can be initiated through your first level supervisor, though an expedited process is available for terminations, suspensions or when otherwise consented to by the parties.  After filing the grievance, the complaint may proceed through a series of four “steps,” which culminate in a formal grievance hearing. 

The second step of the resolution process is important, as it includes an informal conference for the purpose of gathering information relevant to the grievance.  While these meetings are not adversarial in nature you may bring an attorney or other representative with you, though the attorney does not have the right to cross-examine witnesses at this stage.  You also have the right to bring witnesses to the conference, though they cannot be compelled to participate.

In termination cases following  a disciplinary termination or removal for unsatisfactory performance, a dismissal grievance can be initiated by filing a grievance directly with DHRM-EDR, which then proceeds directly to a Grievance Hearing.