Employee rights under a reduction in force

The Act imposes stringent recall and retention obligations on hotels, lodging houses, food service contractors, and building services enterprises that have 15 or more employees in Connecticut, regardless of whether the employees are covered by a collective bargaining agreement. These new requirements are effective immediately. While there are differences between the Act and recall laws enacted in other jurisdictions, all these laws share a common theme. Each enactment imposes traditional labor law concepts such as seniority rights and restrictions on at-will employment, which are generally associated with unionized employment and civil service, on private, non-unionized employers.

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Employee rights under a reduction in force

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Content:

• Reduction in Force: Everything You Need to Know
• Site Sections
• Checklist for employers in light of COVID-19
• Reduction in Force
• Quitting, getting fired or laid off
• Reduction-in-Force
• what is reduction in force (RIF) and what does it mean for you?
• Reduction in force best practices during COVID-19
• Reductions in Force (RIFs)
• Planning Your Reductions in Force (RIF) : 5 Essential Steps to Take

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Reduction in Force: Everything You Need to Know

The RIF plan should answer the following questions. Click here to review the RIF Plan template. A workforce analysis must be done as part of the reduction in work force plan. This analysis must address all of the following issues. Provide a draft of the letter notifying the employee s of the layoff action when you submit the Reduction in Force plan. Section 3. Click here to find the Employee Notification template. Give affected employees the written notice of reduction in force by personal delivery service or certified mail with a return receipt.

Employees must receive 30 calendar days notice of reduction in force. Skip to main content. Reductions in Workforce. It is the policy of the university to provide stable employment to its employees. However, conditions that necessitate a reduction in the university's work force may arise.

The need for personnel reduction because of reorganization, lack of work, lack of funds, or the abolishment or reduction of an activity as implemented by the budget unit head or dean will be reviewed and approved by the appropriate provost or vice president.

Managers should follow the steps on this page to prepare for and conduct reductions in force RIF. Review the RIF Flowchart for an overview of the process on the first tab below. Why is a reduction in workforce necessary?

A reduction in the workforce may be caused by several factors such as reorganization, new assignments, budget limitations, financial exigency. What alternatives were considered prior to layoff? University policy requires that alternatives to reductions in force should be considered. Such alternatives may include reassignment, lateral movement, and reclassification. What was the rationale for deciding which function s in the overall operation must be preserved, altered or eliminated as a result of this reduction in workforce?

What classifications will be affected by the above decision and what will be the result on personnel? The policy also requires that an alternative should be chosen that would have the least impact on equal opportunity gains. Also, performance should be the primary consideration with seniority as second. Click here to find the Workforce Analysis template. Click here to find the Analysis of Affected Classification template.

The reason for the layoff or displacement including the reason for not retaining the particular employee. The effective date of the layoff. The right to appeal the layoff within 10 working days of the receipt of notification through the university's grievance procedure. A statement regarding the terms of reemployment or reinstatement.

A statement regarding the responsibility of the department and Human Resources to assist in securing other employment, without guarantee. Reductions in Force Documents. Use these documents to prepare for and conduct a reduction in force. Word PDF. Description: This template can be used to notify employees that are affected by a reduction in force.

PDF Word. Description: This document analyzes the employment status of individuals directly affected by a reduction in force. Description: This document is used to list all the employees in a department that is affected by a RIF.

Consider This. You might also find this page helpful: Employee Separations: Termination. University of Oklahoma Staff Handbook Section 3.

Site Sections

The unprecedented steps our society is taking to prevent the spread of COVID will unfortunately take its toll on some employers, their employees and families. With public health authorities in California issuing shelter-in-place orders and the prospect of significant relief provisions in Congress, the situation is unfolding rapidly. Here, we offer suggestions to help employers consider their options on staff and expense reductions and the legal issues that may be implicated by such actions. As noted in points 9 and 10 below, if an employer has employees represented by a union or employs foreign nationals on certain work visas, these options may be limited.

Checklist for employers in light of COVID-19

Western Michigan University seeks to provide stable employment. However, situations may arise which require a reduction in the workforce. The University reserves the right and responsibility to make reductions in the workforce. This policy applies only to staff compensation system employees in regular, continuing positions. In addition to holding a regular, continuing position, an employee must have six or more months of University seniority and documented satisfactory performance. The provisions of this policy apply whenever there is a temporary, ongoing, or indefinite reduction in the number of employees within a specific job title and pay grade, or the elimination of a regular University position or job title. This policy also applies whenever there is a reduction in full time equivalency to the extent that the employee is no longer eligible for University-paid benefits. Nothing in this policy shall be construed to determine eligibility for unemployment compensation benefits.

Reduction in Force

A layoff [1] or downsizing is the temporary suspension or permanent termination of employment of an employee or, more commonly, a group of employees collective layoff [2] for business reasons, such as personnel management or downsizing reducing the size of an organization. Originally, layoff referred exclusively to a temporary interruption in work, or employment [3] but this has evolved to a permanent elimination of a position in both British and US English, [1] [ failed verification ] requiring the addition of "temporary" to specify the original meaning of the word. A layoff is not to be confused with wrongful termination. Laid off workers or displaced workers are workers who have lost or left their jobs because their employer has closed or moved, there was insufficient work for them to do, or their position or shift was abolished Borbely,

Quitting, getting fired or laid off

The information on this page is intended to provide managers and supervisors with the knowledge and resources they need to comply with 1 employment laws and regulations, and 2 university requirements related to these laws and regulations. Summary: It is the policy of Indiana University that conflicts of interest should be avoided where possible, or otherwise disclosed and managed. Employees have a responsibility to immediately disclose any real or potential conflicts of interest. It is also the policy of Indiana University that employees devote their university work activities to official functions of the university; use university resources only in the interest of the university; and, not allow external activities to impede the fulfillment of university responsibilities. Summary: In compliance with the Americans with Disabilities Act of , and related laws, Indiana University is committed to maintaining an inclusive and accessible environment across all of its campuses and eliminating discrimination against people with disabilities.

Reduction-in-Force

Employees who lose their jobs as a result of a reduction in force RIF will continue to have coverage under the State Health Plan for up to 12 months, as long as the employee was covered by the Plan at the time of separation from service and:. Employees may continue coverage for their eligible dependents during this month period. Employees who elect not to continue coverage under RIF immediately following separation from employment may not obtain RIF coverage at a later date. Employees are not eligible for RIF health coverage if the employee is provided health coverage on a non-contributory basis by a subsequent employer. Important Note: If you have employees who are part of a RIF and eligible for Medicare, they will need to purchase Medicare Part B even though your agency will be covering them for 12 months. Medicare becomes primary when a member no longer has employment status. Premium payments are due by the first day of the effective month. The premium payment grace period ends thirty 30 days after the due date.

what is reduction in force (RIF) and what does it mean for you?

An RIF might remove one position from the company or could remove entire departments. RIF and their counterpart, lay-offs, create legal risks and can cause stress within the company. Reduction in force and layoff are often used interchangeably by employees and by employers.

Reduction in force best practices during COVID-19

RELATED VIDEO: Ask The HR Girl: Reduction in Force or Layoff?

With the covid pandemic sweeping the world, countries and states, including New York, are bracing for a global recession. The word recession cannot be separated from fears of layoffs. No doubt, with the inevitable downturn in the economy, companies large and small will be conducting reductions in force via mass layoffs. Sometimes, layoffs are completely legitimate and lawful. Other times, however, layoffs are used as an excuse to discriminate against a protected class of employees. Our Long Island wrongful terminations lawyers are available to discuss your circumstances and to help determine whether a layoff is lawful or unlawful workplace discrimination.

Reductions in Force (RIFs)

This pages provides resources and information on the layoff process for Washington local governments, including examples of procedures and other related documents. The subject of layoffs obviously is not pleasant for anyone. While layoffs clearly affect those who lose their jobs, they also affect those employees who remain, who may be asked to do more with less, and they affect the policy makers who may no longer be able to provide the services or level of services expected by the public. When layoffs do or are planned to occur, there are a host of issues that must be addressed. What notice, if any, must be given to the affected workers? How are the workers to be laid off selected? Do the employees in the positions to be eliminated have "bumping rights" over other employees?

Planning Your Reductions in Force (RIF) : 5 Essential Steps to Take

With the loosening of a variety of restrictions imposed by shelter-in-place orders, many employers who were forced to lay off workers during the pandemic are ramping their workforce back up. Prior to the pandemic, California businesses without a collective bargaining agreement were generally unrestricted in their discretion to pick and choose which, if any, employees would be recalled to work following a layoff. California has now also followed suit by enacting its own legislation that imposes recall rights in certain industries throughout the state.