hiring after layoffs

Polifax · August 2001

Three months ago we laid off administrative staff for lack of work. Now, we have decided that we do need those positions and have advertised for replacements for those positions. Are we required to offer the jobs to those people that we laid off?

Thanks,
Polly
SRU Inc.
Tacoma, WA

Anita · August 2001

When I first came to work here, they had people on lay off and had not used a recall right period. In my previous position we always had a specific time frame for layoff so I wasn't sure if that was just our company policy or what so I called the Labor Bureau and they said if you lay some one off and don't name a specific recall period, such as 30 days or 90 days etc, they in essence have recall rights for life! I was a little surprised at that answer but I got busy and started sending letters telling laid off employees that since we had no opening at this time they were being changed from lay off status to termination, and if we had an opening that they were qualified for they would have to come in and apply for that position just like any one else. Now I make sure when my supervisors are laying off employees that they specify on the exit papers how long they will be kept on the books for recall. Haven't had a problem, so I guess it's working ok.

Mike Maslanka · August 2001

my concern would be that someone in the group who was laid off will sue and your reason for their layoff(lack of work) will sound hollow since a mere three months later you start to hire again...a jury will not understand that this is just the way business works and may therefore disbelive your reason for the original terminations...so,if it is not too much of an administartive burden,ask the laid off employees to reapply...regards from texas,mike maslanka,214-659-4668

pv25 · August 2001

You should talk to an employment lawyer in your area to see if there is any particular state or local law or regulation that governs recall rights. It's possible, but I would doubt that there is one and I don't know of any federal law that would require recalling laid-off employees (leaving aside union employees, where recall rights are generally covered in the CBA).

While an employee could sue you based on a failure to recall, there suit would have to be based on some claim of unlawful bias (e.g., race, age, sex). I know that some lawyers will take almost any case, but I wouldn't be concerned about claims from laid-off employees if your layoff and hiring decisions are based on legitimate business decisions.

Of course, recalling employees might be a good thing to do. Presumably, these employees are familiar with your operation and will need less training. If I were going to recall, however, I'd make sure I had a defined policy about how I was going to handle the recall before I implemented it. As always, consistency is the hallmark of good HR.

Hope this helps.

hiring after layoffs

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