No Obligation to Rehire Laid Off Employees!
We have noticed that the number of layoff unemployment claims have really begun to dwindle. This could be a sign that the economy is slowing down and beginning to level off. In addition, we are beginning to receive calls about rehiring laid off employees. That’s the good news!
Anyway, there is no legal obligation that you have to rehire employees who had been previously laid off, unless you have specific policies outlining rehiring laid off employees (Union collective bargaining agreements usually do). Keep the following points in mind:
- There is no obligation unless the employer has a contrary policy.
- If you made any promises to a former employee, you must comply with that promise because you may have created a contract.
- Becareful in the rehiring process that your rehiring preferences do not have a discriminatory impact. Title VII and FEHA guidelines will apply.
Fianlly, you may want to consider rehiring former employees who are reliable and experienced. Keep in mind that training new employees can be costly and former employees that were good may still be available.
Keep plugging away!
3 Comments
I have heard (grapevine) that employers are required by law to offer laid off workers their old job back if it becomes available within “X” period of time. This article….”No Obligation to Rehire Laid Off Employees!”….says otherwise.
Q1: Which is it?
Q2: If it is a law, what is the legal reference? (California)
Employers do not have to offer laid off employees their jobs back.
Does that law pertain to the stat of California?