Time Frame - Rehiring after Layoff ?
Kymm
140 Posts
On a separate issue regarding layoffs... company is struggling and business if WAY slow... IF we layoff a sales rep now and business picks up in a few months, any problem with hiring a sales rep? (Is there any kind of "timeframe" that a company must wait before they "replace" that person they laid off?
Comments
Your employer policy should normally answer that question, but since it doesn't............. There's no fed statute that addresses this so you'll want to review your state statutes also. By definition, most layoffs are temporary otherwise the person would be discharged. If you layoff someone and have an increase in business the next week, you're free to recall the person and see if they are still interested. If the employer's desire is to hire a DIFFERENT person, then that's more awkward and should be handled by hiring the most qualified person that fits the revised job duties.
No, you won't find rehiring after a RIF addressed in any company handbook, nor will anyone give you a difinitive number that will have any ultimate value whatever. If you have a union contract or a 'recall rights' clause in the handbook, it would rule for the typical layoff situation.
Are you talking about a layoff or a reduction in force and yes, there is a difference. Layoffs are temporary in nature. RIFs typically are elements in a redesign or reshaping or downsizing of the company or some departments.
Here's something for you to consider: Let's say you lay me off (RIF me) and I'm 46 and female and minority. Your letter tells me that my department is being cut and it's me. I get my severance and last check and the crock-pot party and you tell me you'll reconsider me if you grow the department again. Six weeks later (nothing magic about that time span) my friend in Sales calls and tells me you guys added MY POSITION back to the org chart and you hired a 34 year old white male and the announcement on the board said he had 4 years sales experience, and I actually had eleven. I don't care how much time has passed. I am going to sue you.
You'd be wise to get a signed 'Termination Agreement And Release', drafted by an attorney.