Lay-off vs. Firing
Angela
1 Post
Corporately, what are my obligations to rehire personnel that have been recently lay-off. At what point can we look "outside" for future staff? Is there a length of time or magic cut-off? If we happen upon a better candidate with similar qualifications as staff that was let-go, are we looking at legal problems if we hire from the outside?
Comments
1) Did you call it a "lay-off" in your documentation? If so, you implied that there might be a call-back at some future date when your business picks up. If you really just wanted to get rid of the person(s)involved you should have called it a termination right from the git-go.
2) As G suggested, you need to look at your existing company policies.
3) Is it a non-union environment? Most CBA's have call-back procedures.
A lay-off is something usually manufacturers do in a "slow period" where production decreases due to market demands. Such as people who manufacture air conditioners. In January, they probably "lay-off" about 1/3 of their staff where as in July they are running full staff. (This is just a hypothetical example).
A downsizing is where you also have a RIF, but there is no intention of re-filling those positions as the positions are usually elminated or unaccounted for.
If you "layed-off" a group of workers due to production slow down and you are ready to staff up again, you may want to send out a mass mailing to those workers stating that if they are interested and available to respond by X.
If this was a position elimination/corporate restructuring/etc. and you stated as such, you have no obligation.
It all depends on how it was worded.
I check to make sure that there are no other positions available to offer this person/persons before the layoff occurs. That said, it depends upon what your "lay off" policy was, how long ago was the person laid off, what position is now open (same or totally different), are any laid off employees interested, are any laid off employees qualified.
All that being said, if it was exactly the same jobs that I had laid off people, then I would definitely notify them that we have this position/s open and if they are intersted they would need to apply by a certain date. (In fact, I normally notify all laid off employees, whether qualified or not. Let them make the decision they are interseted and qualified, not you.) Then I would consider them like any other applicant, but would obviously have an edge if it is exactly the same job (because I am sure this person has never been written up on their performance.)
I think you will find that most laid off employees won't re-apply. Also, tends to improve how the company looks to current and past employees. (Kinder and gentler). However, if it has been 1 year since the job was eliminated, or if it is a brand new job that it is obvious that the person isn't qualified, I wouldn't bother contacting them. (i.e. 18 months later. They were a mail room clerk. Your have a position for an IS Manager.)
Hope you set some of this up in your right sizing policy when it originally took place and you follow it.
E Wart