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Layoff and re-hire eligiblity
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Layoff and re-hire eligiblity
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
If our company lays an employee off due to business slowdown and the decision to lay that employee off is due to having the poorest work performance, can we decide and indicate to that individual duri
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Forums » Topic Forums » General Forum » Layoff and re-hire eligiblity
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Layoff and re-hire eligiblity
posted at 11/5/2009 7:01 AM EST
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Posts: 2
First: 11/5/2009 Last: 11/5/2009 |
If our company lays an employee off due to business slowdown and the decision to lay that employee off is due to having the poorest work performance, can we decide and indicate to that individual during their layoff meeting that they are not eligible for rehire? Or by definition does a layoff infer that they are eligible for rehire if business picks back up? |
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Layoff and re-hire eligiblity
posted at 11/5/2009 8:20 AM EST
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
You are not legally required to rehire laid off employees. As a result you don't need to further infuriate this employee by telling him during his termination meeting that he's not eligible for re-hire. He'll find out soon enough. |
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Layoff and re-hire eligiblity
posted at 11/5/2009 10:01 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
I agree with hrbth but your comments beg a question.
Are you laying this person off for economic reasons (the common reason for a layoff) or are you terminating a poor performer? I would also ask if you are using a layoff to mask poor documentation on a poor performer? |
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Layoff and re-hire eligiblity
posted at 11/5/2009 10:24 AM EST
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Posts: 2
First: 11/5/2009 Last: 11/5/2009 |
We are laying this employee off due to economic reasons; work has slowed and we are overstaffed. We have chosen this employee because they (and 1 other) are the poorest performers in their department. As laid-off, they are elgible for unemployment without dispute and potentiatl future employers will be advised they were laid-off and not discharged.
Also, if during the layoff meeting, what if the employees asks if they're eligible for re-hire if/when work picks back up? Should we omit the truth of management's disposition on this issue? Doesn't seem ethical, as uncomfortable as it may be. |
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Layoff and re-hire eligiblity
posted at 11/5/2009 10:55 AM EST
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
So you have made a seemingly practical decision based upon performance. I am suspecting that in fact you have defensible documentation that supports their poor performance. For example, one of these individuals questions why they were selected instead of someone with less seniority. Is your process sufficient to defend this selection in light of the question.
Now, with that said. If you are asked about rehire eligibility the odds are you will be asked "why me?" Your answers must be mutually supportable. I would caution you against assigning a rehire eligibility to these individuals of "not-eligible" unless they have been provided sufficient previous counseling and advisories regarding their poor performance. My advice would be to separate them as you plan and if they ask can I come back let them know that their ability to reapply for a position they feel qualified for remains and you will evaluate their fit for the position at that time. I would also address the use of the term layoff. A layoff has a connotation of being a temporary thing and once the issues that caused the layoff are resolved people are returned to work (called back if you will). It would appear that you are initiating a permanent economic termination of these individuals and are in fact not laying them off. I would avoid the use of the word "layoff" in communication to these individuals and call it what it is...a termination. |
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