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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111655
Experience:  20+ Years of Employment Law Experience
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I am currently employed as a certified child welfare

Customer Question

I am currently employed as a certified child welfare caseworker. I have been doing this job for a total of 13 years. I worked in the 1990's as a caseworker, left and then was rehired as a child welfare worker in 2009. The state department of human services then came back in 2011 and told me I needed to get my bachelors degree. I then begin that process in 2011 through an educational waiver. I am now 42 credit hours away from getting my degree and the state is not wanting to extend my waiver further. They are telling me that it is in rule that an educational waiver now has time limits. The rule change happened in November of 2015 or January of 2016. Does this rule change apply to me? They are telling me that they will not extend my waiver as this has been "going on to long". I have already acquired several thousand dollars in student loans and will most likely lose my job. Can I fight this?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to file an appeal through your employer's appeal process based on the constitutional prohibition against ex post facto laws. You were brought on with the agreement you obtain your bachelor's degree and are working on that, so it was a contractual agreement when they granted waiver and you are making steps to get the degree to your detriment now if they take that away when you came back under the agreement to earn the degree. So this is your defense and argument.
Customer: replied 9 months ago.
What do you mean by "now if they take that away when you came back under the agreement to earn the degree"? I understand that they adopted new administrative law after my waiver was in place...should the rule change then not apply to me?
Customer: replied 9 months ago.
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Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
There is a general constitutional prohibition against ex post facto rules, which is what I was saying above. They cannot change the rules once you were hired under an agreement that you would attain your degree and they set no time limit, in order to change that they need to give you a reasonable time to do so.