The Social Network & Community JUST for Firefighters
Re-employment afte retiring???
I'm not sure if this has happened anywhere else but if it has...I have a few questions.
We had a Captain who retired with about 22 years in. (he wasn't able to draw a monthly retirement check yet)Within 3 years he wanted to come back to work. Well, we are civil service and although he could be rehired, there was no captains position open. There was, however a driver's spot open and for some reason no active list of people to fill the spot. So...he was re-emplyed at the driver rank but lost all of his seniority. In other words....the lowest fireman would have to make captain before he could.
I am the fire representative on the civil service board. When he was rehired he was given vacation, according to state law, just like a new hire, which is considerably less than some one with 20 plus years in. He appealed to the board, and not finding any law that said he should not recieve vacation for his total years of service with our dept., the board voted that he get it.
The city...almost 12 months later has decided they want to fight the decision(whole other story)
I'm just wondering if anyone knows of this happening before and what happened. Keep in mind, while we are union...we have no contract and we are civil service.
We had a Captain who retired with about 22 years in. (he wasn't able to draw a monthly retirement check yet)Within 3 years he wanted to come back to work. Well, we are civil service and although he could be rehired, there was no captains position open. There was, however a driver's spot open and for some reason no active list of people to fill the spot. So...he was re-emplyed at the driver rank but lost all of his seniority. In other words....the lowest fireman would have to make captain before he could.
I am the fire representative on the civil service board. When he was rehired he was given vacation, according to state law, just like a new hire, which is considerably less than some one with 20 plus years in. He appealed to the board, and not finding any law that said he should not recieve vacation for his total years of service with our dept., the board voted that he get it.
The city...almost 12 months later has decided they want to fight the decision(whole other story)
I'm just wondering if anyone knows of this happening before and what happened. Keep in mind, while we are union...we have no contract and we are civil service.
Replies to This Discussion
-
Permalink Reply by Jason Brooks on
-
He should have had to qualify as a rookie as well. It sucks, but he retired. If you had an age limit, physical requirements, etc. He should have had to make those. If you are civil service, did he have to take an entrance exam. Once he retired, he was a civilian as far a civil circus should have been concerned. I would need a lot more information on this to change my opinion of he should not have gotten his job back. I would also think that a bunch of grievances should have been filed to prevent it.
-
-
Permalink Reply by nita on
-
Well, Louisiana civil service allows for rehire within 4 years of resigning or retiring...in this case. It also allows you to come back at the rank you left at...if there is an opening. There was not but there was an opening as driver...so he came back as a driver but with less seniority than the lowest Firefighter.Keep in mind...he had not reached the age to actually draw a retirement check.
Esentially, when he came back...even though his seniority was affected....he jumped a guy that was just about to make driver.
There was no way to keep him from coming back to work..really. In louisiana you get 9 shifts vacation at entry level, but much more for 20 plus years and he felt like he was entitled to vacation equal to his years of service. The civil service already ruled that he should get it...way back in sept. 06. The city has just failed to give it to him and suddenly wishes to fight it. The ruling of the board however, has the full force and effect of law. The board didn't have to let the city come in at this late date and say anything. They could have appealed it to district court but only for 30 days after the boards ruling.
I'm just wondering if anything similar has happened anywhere else because the board decided to hear the cities arguments...and that will be happening soon. -
-
-
If you leave in Ohio, you are SOL. Can't help with your question, sorry.
-
-
Permalink Reply by Heather Langston on
-
I've not heard of anything quite like this. Personnally, I think the guy should just be happy that he is drawing a paycheck and he should apologize to the guy who he screwed out of a promotion.
As a union, have you guys checkedd with the IAFF on this matter. The International might have some more insight or at least access to an attorney who could answer your questions. -
-
Permalink Reply by Engine 32 Capt. on
-
Where I'm from (KY), we had two battalion chiefs (Majors) and our fire chief retire-rehire. They only had to sit out 30 days, and were allowed to come back at the rank they retired at and with their same pay, benefits, vacation, etc. How's that grab ya?
-
© 2024 Created by Firefighter Nation WebChief.
Powered by
