Reduction/Restructuring jobs - Employee declines new job
Jackie
41 Posts
How do you handle situations like the following?
We have recently downsized and placed 3 salary employees on layoff, combining their jobs with other duties. The laid-off employees were given 2 weeks notice of a 90-day layoff. If they are not recalled by end of 90 days, they are terminated and eligible for a severance package. Their replacements were told if they didn't want the new job, they could turn in their resignation.
The employee who is staying but whose job changed decided she didn't want the redesigned job after trying it for about a month. Again, I will have to accept her resignation (no unemployment or severance either).
In the past if a laid-off employee got a job elsewhere, they didn't lose their severance $. This was OK for most cases because they weren't recalled within their 90-days of work...except in 1 case where we allowed an employee who was fortunate enough to get a job elsewhere during his 90-day layoff period to get his severance $ immediately. Looking back now, this was a mistake.
So now we have to recall an employee back from layoff to her previous job (as now combined). If she says "no" because she has enrolled in school (not a job), then basically she is refusing employment and loses her right to unemployment and severance (which she is counting on to pay bills).
I wish I could be "nice" but don't see how I can be flexible on above without creating more problems the next time. Am I missing something on unemployment here?
Appreciate hearing your advice & experiences.
We have recently downsized and placed 3 salary employees on layoff, combining their jobs with other duties. The laid-off employees were given 2 weeks notice of a 90-day layoff. If they are not recalled by end of 90 days, they are terminated and eligible for a severance package. Their replacements were told if they didn't want the new job, they could turn in their resignation.
The employee who is staying but whose job changed decided she didn't want the redesigned job after trying it for about a month. Again, I will have to accept her resignation (no unemployment or severance either).
In the past if a laid-off employee got a job elsewhere, they didn't lose their severance $. This was OK for most cases because they weren't recalled within their 90-days of work...except in 1 case where we allowed an employee who was fortunate enough to get a job elsewhere during his 90-day layoff period to get his severance $ immediately. Looking back now, this was a mistake.
So now we have to recall an employee back from layoff to her previous job (as now combined). If she says "no" because she has enrolled in school (not a job), then basically she is refusing employment and loses her right to unemployment and severance (which she is counting on to pay bills).
I wish I could be "nice" but don't see how I can be flexible on above without creating more problems the next time. Am I missing something on unemployment here?
Appreciate hearing your advice & experiences.
Comments
Have requested review by corporate counsel - unfortunately they are slow to respond. While I was waiting, I wanted to get some "been there, done that" thoughts.