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Can I fire employees for reasons other than poor performance in Alaska? What are the requirements?

Can I fire employees for reasons other than poor performance in Alaska? What are the requirements?

Yes, you can fire employees for reasons other than poor performance in Alaska, but there are certain requirements that must be met.

Termination of Nonpermanent Employees

If an employee has been appointed as a result of a false certification under AS 39.25.195, the director shall immediately notify the head of the affected department or agency in writing and the department or agency shall terminate the employee from state service within one working day after receipt of notice [1.2].

Involuntary Demotion

An appointing authority may demote an employee for just cause to a lower class in the same class series or to another class series if the employee meets the minimum qualifications. The reasons for the demotion must be given to the employee in writing and a copy filed with the director. If the employee is placed in a new class in which the employee did not previously hold permanent status, the employee must serve a new probationary period [3.2].

Reemployment Rights for Injured State Employees

If an injured employee requests to return to work for the state within 30 days after receipt of a release from a physician indicating that the employee is able to return to full or modified work, the agency shall reemploy the employee within 30 days after receipt of the certification unless the position no longer exists. If a permanent, probationary, or provisional employee is currently employed in the position, the agency shall cause a vacancy under the layoff provisions of AS 39.25.150 (13) [1.3].

Local Hiring Exception

Notwithstanding the provisions of AS 39.25.195, a hiring department or agency may grant a preference to local residents in the appointment of nonpermanent employees or in the appointment of permanent employees to perform seasonal work assignments of 180 calendar days or less in a 12-month period. If there are no local residents on the applicable list of applicants qualified for a nonpermanent or a permanent seasonal position or if the local residents on the applicable list of applicants qualified for the position are unavailable, the hiring department or agency may obtain referrals of qualified job applicants for these positions from the job service office of the Department of Labor and Workforce Development serving the area and, from those applicants, select a qualified person who is a local resident for the position [1.6].

It is important to note that an appointing authority may lay off an employee in the classified service if the employee holds a substitute appointment, if a position is abolished, if there is a shortage of work or money, or for other reasons outside the employee’s control. A layoff does not reflect discredit on the service of the employee. The name of a laid-off former employee must be placed on the appropriate layoff list and may remain on it for a period of up to three years. The name of a laid-off former employee may be removed from the layoff list for any reason that an applicant would be disqualified. If an employee resigns or retires, the laid-off former employee is considered to have separated without prejudice at the time of layoff [2 AKAC 07.405].

In summary, while you can fire employees for reasons other than poor performance in Alaska, it is important to follow the guidelines set forth by the state.

Source(s):
Jurisdiction

Alaska