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I have a question on employment law in Georgia. It involves…

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I have a question on employment law in Georgia. It involves a college that falls under the Univeristy System of Georgia. An employee's position was eliminated under the pretense of Reorganization/Reduction in force. Although the employee was offered the opportunity to accept another job at less pay in another area, the fact still remains that the current position was elminated and if the employee did not accept the other job, the employment would be terminated. In the Board of Regents University System of Georgia's policy, it clearly states that in the event of position elimination under reorganization/Reduction in force, a 60 day(preferably 90) advance notice is required in writing(certified letter, etc). This employee was called in on the spot with other employees in the meeting and told this his position was eliminated effective right then. He could accept the new position or either the employment would be terminated June 30th. If he did not accept the new position, they would find him things to do until June 30th. The college followed up with a letter that day. About two weeks later, Human Resources came to his door and said that he would receive another letter but to basically ignore it because it was about the same thing. As it turns out, they apparently realized they didn't do the 60 day advance notice in writing(which we had already realized) and were trying to go back and follow the procedure. So, he gets the RIF letter, which clearly used the word Reduction in Force and position eliminated, but sent it two weeks after it happened instead of 60 days in advance. Had the employee had advance notice, he would have been looking for other jobs and his Resume' would have kept the current title for 60 days. Because he didn't have advance notice, his position has to be updated on the resume' before he sends it out and it opens up questions on the sume as to what happened. By the way, this is a dedicated employee with a doctorate degree and 25 years, only needing 5 more to retire. We do not believe it was anything to do with a RIF(he was the only one affected). Basically the President just wanted the "old establishment" out. But really the only question we have is do you think he has legitimate claim to at least question the decision since they clearly did not follow their own written policy on what has to happen in a RIF?

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

Georgia

Lawyer's Assistant: Has anything been filed or reported?

No

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

"opens up questions on the Resume' as to what happened." I had a typo. No, I don't have anything else to add.

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Answered in 14 minutes by:
1/24/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,020
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am sorry to read about this situation.

Your Question:

But really the only question we have is do you think he has legitimate claim to at least question the decision since they clearly did not follow their own written policy on what has to happen in a RIF?

Response: Yes. If the proper protocol was not followed, the termination is wrongful. He can challenge his termination with Human Resources Department citing failure to follow the 60-day notice as required when terminating under RIF. Also, if this was really RIF, why is he the only one being terminated? RIF implies more than one person.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,020
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you. Exactly ! This wasn't about RIF, but since they decided to hang their hat on that and put that in the letter and verbally told him that, then they should have to follow the procedures under the RIF policy. I was hoping that we had something here!

You are quite Welcome! and thank you very much for the positive rating.

All the best,

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