Layoffs

joyce

We did layoffs in March and April of this year of 25 people. We now have a need for 3-4 operators. Are we in any way obligated to hire any of these laid off employees back, vs. new applicants? I personally handled each and every person laid off and did not ever promise a recall or give them any promise of a rehire at any time. Thanks.

ritaanz

I presume the laid off employees had been trained. Why wouldn't you want to re-call some of them? It would be a boost to morale of existing employees to see that some of their coworkers were brought back.

Anita

I don't know about your state, but when I came to this company they always did layoffs instead of terminations. I called the DOL and they said that if no recall time was stated that basically the person had recall rights forever, because layoff means temporary lack of work and when you then have work available you must recall those on layoff first. So the first thing I did was go through all personnel files(at least what they had) and determine who had been on layoff and sent them a letter terminating them from employment with us effective immediately. Now I make sure when someone is layed off that it states on their paperwork how long we will hold them on the recall list. x0:)

Down_the_Middle

ritaanz:
I would offer only 1 suggestion: Don't lose sight of the fact that you're in a fish bowl with this re-call issue. Your survivor employees will watch carefully 2/c how you handle their former co-workers. As you do to them, so you'll likely do to your current staff. The possibilities of creating a "wedge" between your current staff is pretty high right now. Unless you have extenuating circumstances to prevent the consideration of these former staff, I'd recommend the practice of the Golden Rule. Good luck........

Theresa Gegen TX

Absent a contractual right (like something in a union contract or even in your company handbook) there is no recall right for laid off employees. The company can call them if the company wants to. Also, the employees should be allowed to reapply if they want to. But you are not obligated to hire them. The company can (and should) hire the most qualified applicant.

Good Luck!