Forums
Rehiring after a lay-off
General Forum
Rehiring after a lay-off
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
We laid-off an employee last month and now find that we do need someone in that position afterall. Are we required to re-hire the same person that only did a marginal job or can we just hire a new per
0
Cat:Topic ForumsForum:ForumId53
Cat:Topic ForumsForum:ForumId53Discussion:DiscussionId35871
Forums » Topic Forums » General Forum » Rehiring after a lay-off
|
Rehiring after a lay-off
posted at 6/10/2009 2:24 AM EDT
|
Posts: 38
First: 7/8/2008 Last: 11/18/2010 |
We laid-off an employee last month and now find that we do need someone in that position afterall. Are we required to re-hire the same person that only did a marginal job or can we just hire a new person? Thanks. |
|
|
Rehiring after a lay-off
posted at 6/10/2009 5:39 AM EDT
|
|
Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
While hrbth is technically correct you may still run into issues. Not hiring thgis qualified person back after a layoff could be a sign of unlawful discrimination based upon facts not yet known to us (age, race, gender, ethnicity, national origin, etc).
You layed this person off because of a lack of work. You did not terminate them for poor or marginal performance. This could easily be one of those times where taking a short cut instead of properly administering to a performance issue could easily jump up and bite you in the behind. |
|
|
Rehiring after a lay-off
posted at 6/10/2009 6:07 AM EDT
|
|
Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Regardless of why you laid them off, if you gave them additional compensation for the hardship AND had them sign a release of all claims you will likely be on soild ground.
In theory if there was a discrimination claim the person could still file the claim but could not profit on it based on the proper release. This is why properly written and executed signed releases are your best protection in all lay off situations. |
|
|
Rehiring after a lay-off
posted at 6/10/2009 7:18 AM EDT
|
|
Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Howard is absolutely correct with regard to a severance agreement. In my experience a layoff does not provide a standard severance agreement with claims release. If I use a severance agreement, with corresponding claims release, it is for the permanent economic separation of the parties. Your experiences may be like Howards in which case his advice is spot on. |
Forums » Topic Forums » General Forum » Rehiring after a lay-off
