Reduction in Force Appeal Process
Even though every reduction-in-force (RIF) plan will be reviewed by Knoxville area Human Resources (HR), the Office of General Counsel, and the Knoxville area Office of Equity and Diversity (OED), affected employees may choose to appeal the action. They may appeal the action for one or both of the following reasons:
- they believe they have been discriminated against,
- or they believe the university failed to follow the RIF process as outlined in HR policy and procedure HRO145.
The appealing employee will be told at the time he/she makes the appeal that appealing the action taken will not stop the RIF process. The process will continue along the pre-determined time line while the appeal is proceeding. Should the termination date occur during the appeal, the employee will be terminated. However, upon completion of the appeal, if the RIF is overturned, the employee will be re-instated to his/her former position with no loss of pay or benefits. In other words, the employee will be made whole.
If the employee is appealing the RIF because he/she believe he/she was discriminated against, he/she should contact Knoxville area OED and file a complaint. The process will continue along the pre-determined time line while the appeal is proceeding. The complaint will be addressed according to Knoxville area OED’s standard complaint procedure. Once the investigation is completed and the results shared with the employee and the University Administration, the employee may file a grievance as stipulated in Human Resources Policy HRO 640 if he/she disagrees with the investigation’s findings.
If the employee is appealing the RIF because he/she believes the university did not comply with the RIF policy and procedure, he/she should contact Knoxville area HR to file the grievance. Once the employee files the grievance, a member of the Knoxville area HR staff will contact the employee to review the RIF plan that his/her department submitted and had approved according to the RIF process. After reviewing the RIF plan, if the employee chooses to continue, Knoxville area HR will handle the logistics of setting up the grievance hearing. Upon the completion of the hearing and the submission of the recommendation, the employee may make one final appeal, in writing, up to the Chancellor or appropriate Vice President if he/she is dissatisfied with the outcome and recommendation of the grievance hearing. The written appeal is submitted to the Knoxville area Executive Director of Human Resources who will ensure the appropriate senior administrator receives the appeal.
Exempt staff members should use their current administrative appeal process to file an appeal.