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Filling a layoff position

pioneersandpioneersand 2 Posts
in HR & Employment Law Vote Up0Vote Down

We laid off several employees due to the economy.  What obligations do we have when refilling the position that was laid off?  Is there a time frame we have to recall the laid off employee or can it be refilled by a new candidate? 

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  • jsnead_smith_uneedpsi_orgjsnead_smith_uneedpsi_org 2 Posts
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    From an employment attorney, I have heard that one year is a safe interval.  (Of course, if you have reason not to re-hire that employee, perhaps they should have been terminated rather than laid off.)
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  • pioneersandpioneersand 2 Posts
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    Is it 1 year by law or just best practices?  I haven't been able to find a definite time frame from the point of layoff to refilling the position.
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  • TXHRGuyTXHRGuy 1,586 Posts
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    [quote user="pioneersand"]Is it 1 year by law or just best practices?  I haven't been able to find a definite time frame from the point of layoff to refilling the position.[/quote]

    The big issues are all controlled by EEOC.  If you decide to start hiring back in 10 years and you decide not to hire someone because of, say, their race, you're open to trouble.

    The more systematic (preferably based on objective data like countable performance items or seniority) your reasoning for laying off and recalling, and the fewer your exceptions to those systems, the safer you are.

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