Utah Code 67-21-3.5. Administrative review of retaliatory action against a public entity employee
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(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:
(2)(a) reinstatement of the public entity employee at the same level held by the public entity employee before the retaliatory action;
(2)(b) the payment of back wages, in accordance with Subsection 67-19a-406(5)(b);
(2)(c) full reinstatement of benefits;
(2)(d) full reinstatement of other employment rights; or
(2)(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.