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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I work state of South Carolina and years. Since 2008 I have

Customer Question

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:
19703.02
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.
Thank you,
Jan Psillos
Submitted: 2 years ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 2 years ago.
Hi, my name is ***** ***** I will do my best to Answer your question
1. Did you have a written employment contract for the job you left that set forth the position, duties, salary and length of employment ?
2. Was the position which you had ultimately eliminated, or phased out ?
Thank you and I look forward to your reply,
ANDREA
Expert:  Andrea, Esq. replied 2 years ago.
Thank you for the excerpt which you provided. Although it was not considered an “emergency” in filling the position that was offered to you, an agency has the right to staff its needs at any time without it being an “emergency” situation and from what you have written, it appears that is what the agency was trying to do.
If you bring the posting requirements to the attention of those who do the hiring, they probably would post the position and possibly have others applying for this position. If others apply for this position and one or more are hired, that could leave you out “in the cold” since you stated that your job was being eliminated.
The agency you worked for was obviously pleased with your work, especially since you were offered help in advancing even further in another position, if you took the position that was being presently offered to you.. You stated that your position was being eliminated. An agency, or any employer, for that matter, does not have to employ an individual in a specific position, especially if the need no longer exists. And, as you stated, the position you held was being phased out, or would no longer be a viable position for anyone. Under those circumstances, an employer can move employees around various departments and various positions. You stated also that the position you were offered would not result in any pay cut or in any loss of seniority.
The excerpt which you provided does not have any language which would restrict the employing agency from filling a vacancy sooner rather than later, if the position were advertised and made available to all employees who satisfied the requirements of the position. That section appears to have been written in order to empower an agency to fill positions in a quicker manner in the event that an emergency did, in fact, exist. In reading those sections, I did not find any language which would restrict an agency’s ability to fill a position, even where no emergency existed, provided the position were made known to all employees.
Without a written employment contract which specified the position an employee was filling, or its duration, the employer is free to move an employee to any department which the employer wanted without any liability on its part.
I realize that my Answer is not what you were hoping to hear, but I have an ethical obligation to give you correct Answers, even if it is not what the customer was hoping for, so I am respectfully ***** ***** you not penalize me with a negative rating simply because the Answer is not the one you were hoping for.
Please feel free to ask follow up questions before leaving a rating, and I will be glad to Answer,
Kindest Regards,
ANDREA
Expert:  Andrea, Esq. replied 2 years ago.
I see that you have read my Answer. I realize that it is not the Answer you were hoping for, but it is the correct Answer and one on which you can rely. Is there anything else that I can Answer for you ? There is no charge for follow up questions and there is no additional charge for leaving a positive rating, and it is the only way that JustAnswer will give me credit for assisting you. Thank you for understanding.
Kindest Regards,
ANDREA
Customer: replied 2 years ago.
Thank you. There are SC codes that govern state employee positions. I have contacted the Governor's office, the Chairman of the state Finance Committee, and the Speaker of the House, the latter two represent my local area. I know they will provide me with the direction I need. Jan
Expert:  Andrea, Esq. replied 2 years ago.
Hi, Jan,
I hope that you get a positive response from the State Offices you contacted and give you favorable responses to your questions.
Please be kind enough to leave a positive rating so that the website will give me credit for assisting you. You have already placed a deposit with JusAnswer, so it will not cost you anything additional to leave a positive rating, but without a positive rating from the customer, JustAnswer keeps the customer's deposit, but does not give credit to the Expert who assisted you. Thank you for understanding,
kindest REGARDS,
ANDREA