What information must a receiving employer verify when a permanent employee exercises their right to return to classified service from an exempt appointment?
(1) When a permanent employee exercises their right to return to classified service from an exempt appointment in accordance with RCW
41.06.070, the receiving employer must verify:
(a) The employee is not the subject of an active pending workplace investigation of which the employee was given written notice, and which may result in a finding of gross misconduct or malfeasance; and
(b) The employee was not terminated from the exempt position for gross misconduct or malfeasance.
(2) For purposes of this section:
(a) "Written notice" includes notice sent by email to the employee's work email address; and
(b) "Pendency of an investigation" lasts until the employer has taken final appropriate action based on the finding of the investigation.
[Statutory Authority: RCW
41.06.150 and
41.06.070. WSR 23-24-020, ยง 357-19-197, filed 11/28/23, effective 1/1/24.]