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We are a small non-profit educ/training
agency...our employees are considered
"at-will" employees. Due to the fact that some of our programs may not be refunded for the next fiscal yr. I am looking
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Cat:Topic ForumsForum:ForumId56Discussion:DiscussionId19758
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Layoffs
posted at 6/10/1999 7:34 PM EDT
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Posts: 3
First: 6/10/1999
Last: 6/15/1999
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We are a small non-profit educ/training
agency...our employees are considered
"at-will" employees. Due to the fact that some of our programs may not be refunded for the next fiscal yr. I am looking at possible layoffs at one site.
What obligation ( if any) do I have to rehire staff in the event that they program funding comes through? Thanks
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Layoffs
posted at 7/2/1999 10:39 AM EDT
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Posts: 2
First: 7/2/1999
Last: 7/2/1999
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1) You should be aware of any laws within your state that may affect the "at will" status for your employees. For instance, in California, even though most employees are considered "at will", there are times when existing personnel policy infers a contractual agreement, and it can get sticky in the courts.
2) Review your policy (if you have one)
for anything having to do with layoff. If you've written it out, you must follow it until you change your policy based on whatever you've created to do so.
3) Consider what you may have done in the past regarding rehire of layoffs.
Whatever you or your predecessor has done could be considered to be a tacit employment agreement. (Again "past practices" depends on the laws for the state in which you are working.)
When faced with similar situations in the past (lack of funding for a summer Head Start program, therefore requiring a layoff of all HS employees), we made a general policy that all supervisors must do a written evaluation of the employee prior to separation of any kind including layoff, and that all laid-off HS employees must reapply for jobs.
This worked in two ways: it gave us a basis for not rehiring if the individuals performance was not up to standard, and it provided the employee facing layoff with a report on performance. Obviously the employee who received a poor evaluation realized their chances of being rehired were slim.
It's best to set up the conditions of employment from the beginning. When it's a grant funded position, create the expectation that without funding the person may face layoff with no guarantee of rehire.
Good Luck
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