Termination of Employment, Forfeiture of Civil Service Status, Job Rights, Seniority, and Emoluments Upon Violation of Code Section 45-19-2; Eligibility of Employee for Reappointment

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Labor Practices
  5. Strikes by Public Employees
  6. Termination of Employment, Forfeiture of Civil Service Status, Job Rights, Seniority, and Emoluments Upon Violation of Code Section 45-19-2; Eligibility of Employee for Reappointment

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Any public employee who violates Code Section 45-19-2 shall be deemed to have terminated his or her employment; shall forfeit his or her civil service status, job rights, seniority, and emoluments, if any; and subsequent to such violation shall not be eligible for appointment or reappointment or employment or reemployment in public employment for a period of three years after such violation except upon the following conditions:

  1. His or her direct or indirect compensation shall in no event exceed that received by him or her immediately prior to the time of such violation;
  2. His or her direct or indirect compensation shall not be increased for three years after such subsequent appointment or reappointment or employment or reemployment; and
  3. He or she shall be on probation for a period of five years following such appointment or reappointment or employment or reemployment, during which period he or she shall serve without tenure and at the pleasure of the appointing or employing officer or body.

(Ga. L. 1962, p. 459, § 3; Ga. L. 1998, p. 1155, § 1.)

Law reviews.

- For article discussing right of Georgia state employees to participate in strikes, see 4 Ga. L. Rev. 110 (1969).

JUDICIAL DECISIONS

Cited in Local 189 Int'l Union of Police Ass'ns v. Barrett, 524 F. Supp. 760 (N.D. Ga. 1981).

OPINIONS OF THE ATTORNEY GENERAL

The Department of Transportation has no power to take steps to prevent any labor activity short of strikes and other obstructions to the performance of the duties of employment. 1969 Op. Att'y Gen. No. 69-379.

RESEARCH REFERENCES

ALR.

- Removal of public officers for misconduct during previous term, 42 A.L.R.3d 691.

Damage liability of state or local public employees' union officials for unlawful work stoppage, 84 A.L.R.3d 336.

Who are employees forbidden to strike under state enactments or state common-law rules prohibiting strikes by public employees or stated classes of public employees, 22 A.L.R.4th 1103.


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