Legal Question in Employment Law in Virginia

Constructive reassignment (demotion) due to race/retaliation

I am employed as an analyst for a local governmental entity. My work environment became very abusive and hostile due to my immediate supervisors lack of managerial skills. I informed the appointing authority of the circumstances. After carefully monitoring the managerial/employee work relationship they concurred with me. They recommended mediation but allowed me to remain under this person's supervision. My supervisor retaliated against me and had me relocated from the position that which I was highly qualified and performed successfully. The job that I am currently performing is 5-6 classes below my current classification and does not offer any advancement in my chosen profession. Can I file a grievance against her or the appointing authority for their actions? The only alternative to this crisis would be forced resignation. Please advise. Thank you in advance for your time and attention in this matter. I really appreciate it.


Asked on 2/07/03, 5:00 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Constructive reassignment (demotion) due to race/retaliation

Virtually all governmental entities or agencies

have a grievance process or procedure available to employees who have been subject to adverse employment actions.

Furthermore, employee demotions are, normally,

grievable issues.

Whether any or all of this is true in your particular situation, I would, of course, have no way of knowing for certain, but your employee handbook should be able to provide some guidance

on this issue.

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Answered on 2/07/03, 7:50 pm


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