POBAR provides that an officer must be given an opportunity for an administrative appeal whenever there is a punitive action against that officer or denial of promotion on grounds other than merit. Punitive action is any personnel action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for the purposes of punishment. An administrative action that results in a reduction of pay is per se a punitive action. However, a denial of a merit salary increase because of an unfavorable performance review is not a punitive action on its face and no administrative appeal is necessary.
Get Help from an Experienced Employment Law Attorney
Have you been discriminated against by a potential or current employer -- as a job applicant or current employee? To best protect your legal rights you should discuss your situation with an employment lawyer. Meet with a local employment for employees attorney sooner rather than later to protect your rights.