Legal Question in Employment Law in Alaska
Transfer to Non Executive Position
I received notice November 5, 2006 that I am being transferred from my Executive position as Regional HR Director effective May 5, 2007 to a ''job to be determined and a rate of pay to be determined.'' The premise for the transfer is that the university is implementing a redesign of the HR functions for the statewide and local system offices. I was told that during the phased -in implementation that I would continue to function as Director however it is increasingly evident that no attempt is being made to keep me in the informational loop and that decisions are being made that significantly limit my ability to transfer to another similar position that utilizes my 17 years experience with the university. University regulations provide for 6 months pay or pay in lieu of notice however if I quit before the end of the notice period, I get nothing and be ineligible for unemployment.
All discussion concerning a new position have stalled. I believe that administration intends to simply let the clock run out and is in effect ''terminating'' me without cause May 5, 2007. What chance do I have in negotiating a severance agreement or filing a constructive discharge suit?
1 Answer from Attorneys
Re: Transfer to Non Executive Position
I will assume you are not in a tenured position or have a collective bargaining agreement or other written agreement of any kind.
Thus, you are in an "at will" situation. You should be in a position to be aware of patterns or practices of severance offers for long term employees ( 17 years certainly qualifies.)
Rule of Thumb: 1 Month of severance per year of employment.
You do not mention your age, but that could be an issue.
Call or email for further assistance.
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