| (1) |
A public entity employee who believes that the employee’s employer has taken retaliatory action against the employee in violation of this chapter may file a grievance with the Career Service Review Office in accordance with Section 67-19a-402.5 and subject to Section 67-21-4. |
Terms Used In Utah Code 67-21-3.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Employee: means a person who performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied. See Utah Code 67-21-2
- Employer: includes an agent of an employer. See Utah Code 67-21-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Public entity: means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. See Utah Code 67-21-2
- Public entity employee: means an employee of a public entity. See Utah Code 67-21-2
- Retaliatory action: means the same as that term is defined in Section 67-19a-101. See Utah Code 67-21-2
| (2) |
If the Career Service Review Office determines that retaliatory action is taken in violation of this chapter against the public entity employee, the Career Service Review Office may order:
| (a) |
reinstatement of the public entity employee at the same level held by the public entity employee before the retaliatory action; |
| (c) |
full reinstatement of benefits; |
| (d) |
full reinstatement of other employment rights; or |
| (e) |
if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the employee had been promoted. |
|
| (3) |
A public entity employer has the burden to prove by substantial evidence that the public entity employer’s action was justified. |
| (4) |
A public entity employee or public entity employer may appeal a determination of the Career Service Review Office as provided in Section 67-19a-402.5. |
Amended by Chapter 174, 2022 General Session
