Re-hiring a laid off worker

mburch

We are in the process of re-hiring a worker that was laid off in 12/01, due to lack of work. There is now sufficient work and we called him to see if he would want to return. He does. Now, when he comes back does he start all over like a new employee or does he take his original start date? He was paid two weeks severance pay when he left.

Hopefully I have provided enough information. Please let me know if you need further detail.

Margaret Morford

You can start him over as a new employee (except that your benefit plan documents will govern how he will be treated with regard to benefits). However, nothing messes up an employee's life more than being laid off, especially during the holidays. You've gotten someone back who is already trained that you know lots about with out having to go through the hassle of the interview process. I'd give him his original hire date back since he's been gone less than three months. You'll get lots of good will from all employees and will be likely to get others to return when you need them.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Theresa Gegen TX

You need to look at your company policy. If you don't have one in regards to this situation, you are making one by the way you treat this employee. Many employers will allow the employee to keep his seniority (start date) if he was called back within a certain amount of time (for example within 12 months).

Good Luck!

Dianna

We bridge our time to the original hire date if anyone is rehired within 90 days.

Jen D

To reiterate Margaret's point, check your benefit plan docs carefully to see how they address "breaks in service." If you have any qualified retirement plans, they will tell you exactly what service needs to be counted for the employee. Also, a general rule in 401(k) plans is: once you've become eligible for the plan, you retain that eligibility. So if the re-hired employee was contributing to the 401(k) when he left, he can start contributing again right away.

Hope this helps.