Recalling Employees

TBHRPRO

After a large workforce reduction in 2001, we are now recalling a lot of the employees back. We have one long term employee, whose performance was not up to expectations at the time of his layoff. We would like to hire him back, but at a lower skill level, and of course lower pay. We are non-union, however, per our company recall policy, he stills has recall rights to keep his senority. Can we offer him a lower position and pay. Please advise. Thanks for you help!

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 06-03-02 AT 06:24PM (CST)[/font][p]I don't believe that there is any law applying to private sector employers that requires you to restore an employee to the exact same status he or she had prior to the layoff, if and when you "call the employee back to work." And you are not a union shop.

Of course, you can't make the decision on a discriminatory basis prohibited by law. Also, it would probably be "good" (but not necessary) if you have the documentation that was issued at the time demonstrating the employee wasn't "cutting it" in the higher position and would most likely have been "demoted" or terminated for poor performance in that position reasonably soon had the lay off not occurred. Did the employee know prior to the lay off, that management didn't consider his work to be acceptable?

So, what you want to do with him is up to your management based upon what your written policy on "call backs" following lay offs and what "seniority" means for your company and how it has been intrepreted in the past.