Getting Laid Off

Examples of getting laid off actions due to lack of work may include, but are not limited to:

☛ Termination of a project or special employment.

☛ Availability of fewer positions than there are employees entitled to such positions.

☛ Employee's ineligibility to continue in a position following its reallocation to a class with a higher salary range maximum.

☛ Employee's ineligibility to continue or choice not to continue, in a position following its reallocation to a class with a lower salary range maximum.

Getting laid off is the temporary suspension or permanent termination of employment of an employee or a group of employees for business reasons, such as when certain positions are no longer necessary or when a business slow-down occurs.

Laid off workers or displaced workers refers to 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.

These are the impacts that result:

☛ Separation from service with your employer.

☛ Employment in a class with a lower salary range maximum.

☛ Reduction in your work year.

☛ Reduction in the number of hours you work.

When the employer identifies your layoff option, consideration is given first to classes at the salary range from which you are being laid off in which you have been permanent.

If no option is found, the employer then looks for an option to a class at a lower salary range in which you have held permanent status or an option to lower class in a class series/occupational category in which you have held permanent status. The employer must always consider the classes in descending salary order.

It is a reduction in your employer's workforce. The most common reasons for a layoff are:

☛ Lack of funds

☛ Lack of work

☛ Organizational change

You must be notified in writing of the following:

☛ The reason or basis of the layoff.

☛ Any layoff options your employer identified for you.

☛ Whether a transition review period is required.

☛ The date by when you must select any layoff options.

☛ The layoff lists for which you are eligible to apply.

☛ Your right to appeal the layoff.

Your layoff notice should indicate who you should contact to get your name on the statewide Layoff List. Department maintains the statewide layoff list for government and each higher education institution maintains their own layoff list.

You can get onto the statewide layoff list for any job class in which you have held permanent status, even if you are also on an employer's internal layoff list for the same class.

There are two types of layoff lists.

☛ The internal layoff lists

☛ Statewide layoff lists

The internal and statewide layoff lists are both maintained by class. Both lists are composed of laid off employees.

Your eligibility period for the internal layoff list is two years from the effective date of your layoff. Check with the employer who is laying you off to find out if the department or the employer maintains internal layoff lists for the classifications for which you qualify.

To apply to these lists you must send a copy of your layoff letter, your completed layoff list employment preferences form and your resume to the layoff list administrator.

The statewide layoff list is used by other employers. Since other employers may also employ people with competencies, skills and abilities that you possess, you can improve your opportunities to be rehired after layoff by getting on the statewide layoff list for classes for which you qualify.

When you are called for an interview, you may ask the employer to send you the position description and any information about their organization so you can review it before your interview.

As with any interview, be prepared to detail your skills and to discuss what makes you a good fit for the employer and for the position. The employer is under no obligation to hire you so be prepared to sell your skills. It is a good idea to take your updated resume with you.

If there is no layoff option found then the employer must determine if there is an available position in lieu of separation that meets the following:

☛ The position is at the same or lower salary range maximum as the position the employee is being laid off from.

☛ The position is vacant and less than comparable or held by a probationary employee or an employee in a temporary appointment.

☛ The position is one for which the employee meets the competencies and other position requirements.

Individual employers may define in their layoff procedures what they consider a reasonable commute. If an employer offers and you accept a position that is beyond what the employer's layoff procedure has defined as reasonable, you may be eligible to be placed on the layoff list for the job class in which you have accepted the layoff option.

An employee's salary is retained if it is within the new range. If it is not in the new range, the employing official may set the salary at the maximum of the range or retain the employee's previous base salary depending on their salary determination policy. These options apply to:

☛ Employees appointed to a lower level position as a layoff options.

☛ Employees that accept a voluntary demotion in lieu of layoff.

The internal layoff list is for use by the employer that laid you off. Each higher education institution and some government employers maintain their own internal layoff lists. Your layoff letter should advise you if your employer maintains this list.

Hiring processes differ for employees based on whether the vacancy being filled is represented by a labor union or not. For non-represented positions, consideration for rehire will be in accordance with rules and the employer's layoff procedure. For represented positions, hiring is done in accordance with the agreement. The information presented here applies to non-represented positions.

You can get your name on layoff lists as soon as you receive written notice of the layoff, including the effective date. You may be eligible to have your name on more than one layoff list.

Here are a few ways you can respond to the question:

☛ Reduction in force (RIF)

☛ Downsizing or reorganization

☛ Permanent layoff

☛ Temporary layoff

Rather than squirm in your seat while you figure out how to discuss your involuntary separation, think through your answer in advance so you can provide the right response for the situation.

Follow these simple rules when you answer:

☛ Keep your answer brief.

☛ Keep your answer positive.

☛ Share something you learned through the process.

Employers may require that employees serve a transition review period (except when an employee is being appointed to a comparable position performing the same job duties as the position held prior to layoff). During this time both the employer and employee should take time to see if the position is a good fit to the competencies, skills and abilities of the person who fills it.