Know your rights

know-your-rights-badgeHow do I file a grievance?

If you have a workplace situation that does not relate to a disciplinary action you may file a grievance. Each department and institution of higher education has its own grievance procedure, so you should obtain a copy from the HR department or Colorado WINS to determine what the timelines are. Some departments have a form that must be completed to begin the grievance process, check with your HR about that form.

The first step in a grievance is generally an informal discussion with your supervisor about the situation, followed by a written decision and then a meeting with the delegated appointing authority if it cannot be resolved at a lower level.

While Colorado WINS may not provide a representative at all of these meetings, there may be a resolution specialist in your area who can assist or Colorado WINS staff who can provide assistance with filing your grievance.

What should you do if you are asked to sign a corrective action or other document, with which you disagree?

Sign the document acknowledging that you have read and received the document. Make sure you keep a copy for your records. Do not argue with your supervisor about the contents of the document at that time, there will be opportunity later to express your version of events. After signing the document you may file a grievance contesting it or write a letter in response and have it placed in your personnel file.

Corrective Actions are not automatically appealable to the State Personnel Board; instead you must follow the grievance procedure.

What should you do if you believe that you have been discriminated against?

If you believe that you have been discriminated against at work on the basis of disability, race, color, gender, sexual orientation, religion, age, national origin, ancestry, political affiliation, or veteran’s status you have ten (10) calendar days from the time you became aware of the discrimination to file an appeal.

As a state employee your first step is to file an appeal with the State Personnel Board. On that appeal form, you will check the box alleging discrimination and specify what type or types of discrimination you are alleging. The State Personnel Board will then give you the option of requesting an investigation with the Colorado Civil Rights Division.

The Board may also require that you go through the grievance process prior to appealing. The Board will notify you as to what steps you must follow. It is very important that you follow all timelines and instructions. Contact your Colorado WINS representative to complete a Request for Representation form if you need assistance.

What should you do if you are placed on Administrative Leave?

First, cooperate with your supervisor and anyone else involved in placing you on Administrative Leave. Do not argue or otherwise try to explain, there will be time for that later and anything that you say at this point could harm your case later. Do not speak to any of your co-workers, either on or off the job site, about your situation. You should refrain from calling or otherwise attempting to contact your co-workers while you are on Administrative Leave.

If you are a member of Colorado WINS call your representative immediately after you leave the premises and inform them of what has occurred.

What should you do when you receive notice of a Rule 6-10 (R6-10) meeting?

You have the right to representation at the R6-10 meeting. You have the right to know what the allegations against you are prior to the meeting. Do not talk to your co-workers about the R6-10 meeting or the allegations before or after the meeting.
If you are a member of Colorado WINS you should call your representative immediately after you have received notice of an R6-10. The representative will get you the paperwork needed to arrange for Colorado WINS representation.

If you are verbally notified of the R6-10 make sure you understand the issue or issues that will be discussed. If you are not sure why the meeting is being called, you can politely ask for clarification after receiving your verbal notice.

What should you do when you receive notice of Disciplinary Action?

If management decides to impose discipline after an R6-10 meeting you will receive a written notice of Disciplinary Action about a week after the R6-10. From the day you receive that written notice you have ten (10) calendar days to file an appeal with the State Personnel Board.

If you are a member of Colorado WINS and you were represented in your R6-10 by a Colorado WINS staff person, call them immediately. If you were not represented by Colorado WINS in your R6-10, call your representative. The Colorado WINS legal department will evaluate your case according to Colorado WINS Legal Defense Program policy.

What is the Legal Defense Fund?

For more information about LDF please visit our Legal Defense Fund page.

Do you have other questions?

If you have further legal questions or need assistance, you can contact Pamela Cress, Grievance Coordinator, at 719.545.0677 or pamela.cress@cowins.org.


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