Adverse Agency Actions
State and local government employees have a legal right to challenge adverse actions. Murray Law strives to provide state and local employees with experienced counsel and effective representation.
Steven Murray has represented prevailing public-sector employees in disciplinary and/or performance-based adverse actions before federal, state, and local government agencies. He has successfully represented public sector employees in employment and civil rights cases before the U.S. District Court of Colorado, securing favorable resolutions against the State of Colorado, the United States Government, and local government entities, and obtaining jury verdicts against the City and County of Denver and the United States Government.Defense to Disciplinary & Performance-Based Adverse Actions
The procedural rights of state and local government employees to challenge adverse disciplinary and performance-based adverse actions, through applicable grievance or personnel procedures, vary depending on the public entity employer and the severity of the adverse.
Pursuant to Colorado law, state employees have the right to challenge adverse actions before an Administrative Law Judge of the Colorado Personnel Board. This right is provided to employees who have completed a probationary period and achieved certified personnel status in the state personnel system.
A state employee contesting an adverse action is entitled to a hearing before an Administrative Law Judge with the Colorado Personnel Board. Thereafter, the employee has specific appeal rights to challenge the adverse action in additional proceedings.
Employees of the City and County of Denver have the right to contest specific personnel actions in appeals to the Career Service Board of the City and County of Denver.
The Career Service Rules for the City of Denver provide for a grievance and mediation process, and additional avenues to challenge adverse actions, depending on the employee’s personnel status and the type of personnel action in issue.
Employees serving in the Colorado state personnel system and the Denver career service have the right to file “whistleblower” complaints or appeals. In general, whistleblower complaints challenge unlawful retaliatory actions against an employee, taken by a government agency or department, and/or by the employee’s supervisors, because of the employee’s disclosure of information concerning actions by a government agency and/or government official, which are unlawful, wasteful, or not in the public interest.Conclusion
Murray Law seeks to assist and represent state and local government employees facing adverse employment actions. Please call Steven Murray at 720-600-6642.