Reduction in Force

A reduction-in-force (RIF) is the loss of employment by an employee as a result of a reduction in funding, lack of work, curtailment of work, or reorganization.

  • The appointing authority must conduct a written analysis of employees in positions identified to be RIF'd with the same classification within the agency, division, or work unit to determine who will be subject to the RIF. Consideration must be given to comparison of knowledge, skills, length of classified service, other experience, and level of performance employees have with the knowledge, skills, and experience the agency needs to accomplish the work to be done following the RIF.
  • Emergency, temporary, or probationary employees shall be considered for RIF ahead of regular classified employees.
  • A RIF is to be nondiscriminatory in nature and may not be used to substitute for disciplinary measures.
  • Classified employees who have successfully completed probation may appeal a RIF only if the agency did not utilize a uniform comparative analysis or if the RIF was conducted in a discriminatory manner.
  • An individual who was RIF'd must be considered an internal applicant for one year for all positions within the former employing agency. An individual who was RIF'd must be offered reemployment in the agency if:
    • the appointing authority decides to fill a vacant position in the same classification or lower classification in the same series with someone other than a current employee;
    • the individual meets the minimum qualifications of the position and successfully completes any examination specified by the agency;
    • no more than one year has elapsed following the RIF;¬†and
    • the individual is not currently employed in a regular position in state service.

References

NDCC 54-44.3
NDAC 4-07-11
NDAC 4-07-20.1