Employment Law

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Employment Law

Im am park supervisor for city of fort madison and they just…

Customer Question
Im am park supervisor...

Im am park supervisor for city of fort madison and they just advertised to hier anoughter park sup and now tell me i was never the park sup i been doing the job for 12 or 13 years my old sup retired the director made me sup something wrong here

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Iowa

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Submitted: 4 months ago.Category: Employment Law
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Answered in 6 minutes by:
10/17/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,859
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Are you under city civil service employment with the city? If so, did you speak to the Civil Service Commission yet?

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Customer reply replied 4 months ago
Im not in a union or civil ser
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

So, this is an appointed position?

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Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

While you need to double check your civil service rules with regards ***** ***** positions, in general under Civil Service, if a position is appointed, then it can be un-appointed as well by the appointing authority. If you were being paid for the position during the time you were performing the duties in accordance with the civil service/city rules, that is their only obligation. The employer is not obligated to maintain someone in an appointed position as they are to maintain someone in a civil service regulated position. Thus, if the new superintendent wants to make a new park supervisor and you were appointed, they can replace you at their pleasure and your only recourse under civil service is if you had a previous civil service position is to go back to that position, but if you did not have such a position, they could legally terminate you and you can qualify for unemployment.

They could not tell you that you were never in the position if you performed the duties for 12 years, they can only remove you from the appointed position.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
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Law Educator, Esq., Attorney
Category: Employment Law
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