Small Solace

Dear Readers, Our Federal workforce is in chaos.  This is particularly resonant in our community, making this an opportune time to discuss some worker rights issues.  

Georgia is called a “Right to Work State,” conveying a false impression.  Georgia’s laborers have no legal right to a job and can be fired for any reason, except for something discriminatory of age, gender, race, religion, or disability.  A more fitting description is that Georgia is a “Right to Fire State.”  

Additionally, employers utilize contractual restrictions to restrict the rights of employees.  Things like “Non-Compete Clauses” (which are heavily scrutinized and scrubbed by courts) and “Non-Disclosure Clauses”  restrict employee rights when moving on (even fired) from a job.  

The point is that, in Georgia, labor has very little power and control over employment status.  There are two exceptions – unions and federal employees.  

The employer class has effectively vilified or denuded unions.  Granted, Jimmy Hoffa-type union bosses have brought self-inflicted wounds, but this distracts from the raison d’etre of unions.  

There is a cavernous gap in the power dynamics between employers and employees.  Unions help fill the vacuum.  When workers unite, they have the muscle of numbers to collectively bargain fair employment pay, benefits, and rules.  When you belong to a union, you cannot be fired willy-nilly for non-misconduct reasons.

Employers are always looking for ways to increase profits.  Labor costs offer a glide path toward accomplishing this goal.  Our modern economy is less and less reliant on labor – trends for the working man or woman are not good.  The “flatness” of the world economy means jobs easily cross national boundaries.  Automation in industry has eliminated scads of manufacturing positions, trickling down even to the operating room.  The newest threat is AI replacing live workers in the service industry.  Employer leverage increases exponentially at the expense of labor’s importance.

This is not just an economic and political concern, it has legal implications.  As the industry finds labor less necessary, and it wants to shave expenses to increase profits, you see rounds of downsizing.  When this happens, companies MAY offer incentives (access to early retirement, severance pay, retraining, or extended healthcare benefits) to avoid staff unrest and lawsuits, but they are not legally required to do so.  In other words, you can have a “career” job and be on the street in a heartbeat, unless you are a union member. 

Federal civilian employees are an exception, as Georgia’s “Right to Work” status does not influence them.  There are still strong Federal unions, not subject to state unionizing restrictions.  The local American Federation of Government Employees (AFGE) is a potent force.  It has negotiated a collective bargaining agreement for union members employed at RAFB.  Further, while a thin layer of political appointees occupy top levels of Federal departments and agencies, the vast majority of civilian employees can only be fired for misconduct, because of civil service protections.

Popular perception is that Elon Musk is trying to reshape government through a Department of Government Efficiency (DOGE) project.  In general, his efforts are of questionable legality; this is particularly true with his corporate-like efforts hacking at the workplace.  To the extent that people are being relieved of their positions for political purposes, laws protecting against “patronage” firings are being violated.

But, this is a “Washington game” having no impact here in Middle Georgia.  There are two (2) things this DOGE is doing which impacts our community – “return to work” edicts and offers to resign.

The return to work concept is to end the COVID-inspired trend of working remotely.  Decades from now, we will truly realize if people work more efficiently in person or remotely.  Terminating permissive remote policies, though, is a bit short-sighted as the space and infrastructure (like desks, chairs, and phones) may no longer exist.  However, this edict is well within the legal lines.

What might not be is these offers to resign or forcing“book” reports.  Offers of severance pay for voluntary resignations are not authorized or budgeted by Congress – if you resign, do not count out getting paid for doing so.  The tragedy is once a resignation is accepted … that’s it, you no longer have a job.  Now, is it legally permissible for someone to violate email directives issued by a non-governmental official to explain a job. 

Having said this, legal options may not save a job, they only convey the right to sue.  Lawsuits take time and are uncertain.  They are small solace when trying to feed your family.

Warner Robins attorney Jim Rockefeller is the former Chief Assistant District Attorney for Houston County, and a former Assistant State Attorney in Miami.  Owner of Rockefeller Law Center, Jim has been in private practice since 2000.  E-mail your comments or confidential legal questions to ajr@rockefellerlawcenter.com.