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Filling positions after a lay off

szemcumoszemcumo 205 Posts
in HR & Employment Law Vote Up0Vote Down
Does anyone know if there is a regulated amount of time you must wait before replacing a full-time employee after a lay off with a part-time employee?

Thank you for any input.
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  • 2 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    There is nothing 'regulated'. The danger inherent in doing this is that the former occupant may claim you laid them off due to age, race, sex, etc., and soon thereafter replaced them with an employee opposite that characteristic. Then the company has the burden of proving otherwise.
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  • Whirlwind2Whirlwind2 53 Posts
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    Agree - there's no regulation. But a question I'd be interested in is: Did you offer the full-time person the job on a part-time basis? And if not, why not? If it's because your need has changed since that lay-off, have you gone back and offered that person the job part-time position since your need changed? If the answer to both of these questions is no, you could be looking at a complaint that the lay-off was a pretext and the actual reason for the termination was unlawful. If you (then or now) gave the RIFee the opportunity to work part-time and they declined in writing, you should be safe.
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