Non-Represented Exempt Employees

Reduction in Force (RIF) Questions & Answers

Where can I find out more about how a reduction in force could impact my employment?

As a non-represented exempt (non-faculty) employee, you should consult the End of Appointment for Exempt Non-Faculty Staff policy. See other sections of this Q&A if you are a represented classified employee or represented exempt employee. If you are faculty, please refer to the United Faculty of Evergreen CBA.

When can a reduction in force occur?

The basis for a reduction in force must be for business-related reasons and includes, but is not limited to, the following reasons:

  • Lack of work
  • Lack of funds
  • Organizational change

How are positions selected for reduction in force?

The President, reporting Vice-President and/or designee, in consultation with the Associate Vice President for Human Resource Services and/or designee, will determine the exempt, non-faculty position(s) to be eliminated, furloughed, or not filled.

How much notice will I receive before a reduction in force?

The President, reporting Vice President, and/or designee, in consultation with the Associate Vice President for Human Resource Services and/or designee, will give written notice of the permanent reduction to the exempt, non-faculty employee as soon as practical.

The Evergreen State College reserves the right and discretion to implement a furlough and/or permanent reduction in force without advanced notice.

What should I look for in my notice that will help me understand this action?

The written notice will contain the following information:

  • Reasons or basis for the reduction in force,
  • When applicable, notice to the employee of their right to revert to classified service as provided by RCW 41.06.070, and
  • When applicable, notice to the employee of any entitlement to request placement on internal and statewide layoff list(s).

Do I have a right to revert to classified service?

A permanent employee who accepts an appointment to an exempt position has the right to return to classified service at any time as long as the employee was not terminated from an exempt position for gross misconduct or malfeasance.

What position is my return right to?

The employee's right is to a position in the highest job classification in which the employee previously held permanent status or to a position of similar nature and salary.

Where is my return right to?

The return right is to the most recent employer with which permanent status in the highest job classification was held. A position in the highest class does not necessarily mean return to the most recent employer.

What happens if no positions in my highest classification are vacant?

If upon an employee being returned to a classified position there are fewer positions than there are employees entitled to such positions, the applicable agency or higher education institutions’ layoff procedure applies.

I have the right to revert to classified service with the college, so what do I do?

You must apply to Human Resource Services for return to classified service within thirty (30) calendar days of:

  • Separation from employment in the exempt position, or
  • Separation from employment in any subsequent exempt position if there is no break in state service of more than thirty (30) calendar days between initial and subsequent exempt appointments.

I have the right to revert to classified service at my former state agency or higher education institution, so what do I do?

You must notify your previous agency/institution of your intent to exercise return rights. Please refer to the Transition Guide for Exempt Employees for more information.

If I revert to classified service with the college, how is my seniority determined?

The seniority of the employee returning to a represented position in the classified service will be subject to the terms of the classified employee’s collective bargaining agreement between The Evergreen State College and the exclusive bargaining representative. The seniority of the employee returning to a non-represented classified position will be subject to WAC 357 and The Evergreen State College’s “Layoff Procedure for Classified, Non-Represented Staff”.

Other

While I am laid off will I still have my health insurance?

For an answer that addresses your circumstances, contact the Payroll Office or the Health Care Authority for more information.

While I am laid off will I qualify for Unemployment Insurance?

The college does not make this determination. Contact the Employment Security Department to find out if you’re eligible.

If I have additional questions about layoffs, who should I ask?

Employees are encouraged to contact Tracy Dunn, Assistant Director for Human Resource Services, at (360)867-6362, dunnt@evergreen.edu or in person at LIB 3102.