Ohio Admin. Code 124-7-01 - Job abolishments and layoffs
(A) Job abolishments and layoffs shall be
disaffirmed if the action was taken in bad faith. The employee must prove the
appointing authority's bad faith by a preponderance of the evidence.
(1) The appointing authority shall
demonstrate by a preponderance of the evidence that a job abolishment was
undertaken due to a lack of a continuing need for the position based on: a
reorganization for the efficient operation of the appointing authority; reasons
of economy; or a lack of work expected to last one year or longer; or any combination thereof.
(2) The appointing authority shall
demonstrate by a preponderance of the evidence that a layoff was undertaken due
to a temporary lack of work or lack of funds expected to last less than one
year.
(3) Layoffs and abolishments
may only be affirmed if the appointing authority has substantially complied
with procedural requirements set forth in section
124.321 of the Revised Code, et
seq., and the administrative rules promulgated pursuant to these
statutes.
(B)
Certification of lack of funds or lack of work is not required for job
abolishments.
(C) When a position
is abolished or an employee is laid off, displacement rights, as set forth in
division (C) of section
124.321 of the Revised Code,
shall be afforded the employee.
(D)
Layoffs are governed by division (C) of section
124.321 of the Revised Code and
any layoff rules which apply to a particular appointing authority. In the
absence of superseding rules, the layoff rules promulgated by the director of
administrative services shall be followed.
Notes
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.32, 124.321, 124.322, 124.323, 124.324, 124.325, 124.326, 124.328
Prior Effective Dates: 07/01/1979, 02/14/1986, 03/01/1993, 03/28/1998, 03/24/2014
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.32, 124.321, 124.322, 124.323, 124.324, 124.325, 124.326, 124.328
Prior Effective Dates: 7/1/79, 2/14/86, 3/1/93
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