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I work for USDA Natural Resources Conservation Service. I…

Customer Question
I work for USDA...

I work for USDA Natural Resources Conservation Service. I was told my position was being eliminated and moved to another staff through a directed reassignment. I now find out my position is not being eliminated and an announcement was made for my position. Can management legally do that? I heard it happened to another employee and she won her lawsuit, but I don't have any details about that.

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

I am in Minnesota. This is a federal government position.

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

My position is full time. I am a 29 3/4 year employee, 15 years in that position.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My performance reviews have been satisfactory I do not have any discipline issues.

Submitted: 5 months ago.Category: Employment Law
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Answered in 13 hours by:
1/10/2018
Employment Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,320
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. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

If they are not eliminating your position, they cannot remove you and if you have proof they are advertising to fill your position, you need to file a complaint immediately to the EEO regarding age discrimination, since that is what it appears to be with you so close to your 30 year retirement. If the EEO cannot resolve the matter, then you can sue in court for age discrimination and violation of the Older Worker Benefit Protection Act as well.

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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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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