I work for the state of South Carolina and for 17 years. Since 2008 I have been in the same job role which I love, finally the perfect job fit form me. In April 2015, my supervisor comes into my office and says my job is eliminated and I can take the Job Prep Instructor job, which had been open for several months and the vacancy was never posted. She says it will be a lateral move with no pay cut
. I had been promoted recently and think I was still in my probationary period for that promotion
. I tell her I love my current job, I have taught classes before and know I will not like that, but have to have a paycheck. She calls in another manager who tell me if I do the job he will help me get anywhere I want to go and I tell him I'm already there and do not want the JPI job and will look for another job. I found another job and am due to start work soon and put in my notice with my current state job with my last day being August 7, 2015,
In looking online for information this past week regarding transfer
from one state agency to another, I found the code below governing state employee vacancies. Teaching application, interview
, and resume classes in no way constitutes an emergency, in fact any staff member could do the job, therefor it appears my state agency violated the code in my case.
The job I took pays less, puts less into my retirement, and will result in me completing my masters degree a semester behind due to having to set up a new internship with the new agency. I also suffered stress related illness and had to seek medical attention.
Here is a copy of the code:
before employing a person to fill the
vacancy. The posting must give notice of the job vacancy, describe the duties to be
performed by a person, employed in that position and include any other information
required by law.
B. 8. The opening and closing dates for applying for the vacant position;
9. A statement certifying that the employing agency is an equal employment
opportunity/affirmative action employing agency; and
10. The normal work schedule and whether the position is full-time or part-time.
19-703.03 INTERNAL POSTING AND DISTRIBUTION OF ANNOUNCEMENTS
The agency must notify employees where the vacancy exists. If the vacancy is a promotional
opportunity that requires work experience within the agency to qualify for the promotion,
notice of the vacancy must be posted for five workdays, and the notice does not have to be
sent to the South Carolina Employment Security Commission or to the Office of Human
19-703.04 EXEMPTIONS TO POSTING JOB ANNOUNCEMENTS
A. If an emergency situation exists requiring the vacancy to be filled immediately,
certification of the emergency must be made to and approved by the agency head or his
designee waiving the posting requirement at the agency and State level.
B. When an agency decides to promote an employee one organizational level above the
employee’s current level, the posting requirement may be waived.
19-703.05 FREEDOM OF INFORMATION ACT REQUESTS
Do you think taking legal action is appropriate or just notifying the governor and state legislatures.