Layoff Q&A for employers

Layoff is not a disciplinary action. Layoff actions are caused specifically by:

• Lack of funds.
• Lack of work.
• Other organizational needs.

Examples of layoff 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.
• An employee’s ineligibility to continue in a position following its reallocation to a class with a higher salary range maximum.
• An 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.
• Elimination of a position due to the work of the position being competitively contracted.

Management determines which positions will be selected for layoff.

An employer may temporarily lay off an employee by:

• Reducing an employee’s scheduled hours to no less than 20 hours per week and for no more than 60 calendar days.
• Furloughing an employee for 60 calendar days or less.

A permanent employee may have appeal rights in accordance with WAC 357-52-010. However, the employer’s decision regarding which WMS position to eliminate in a layoff is not subject to appeal.

The base salary of an employee who accepts a layoff option must have their salary determined as follows:

(a) An employee who accepts a layoff option to a different position with the same salary range keeps the same base salary.
(b) An employee who accepts a layoff option to a position with a lower salary range maximum must be placed within the new range at a salary equal to the employee’s previous base salary. If the previous base salary exceeds the new range, the employee’s base salary must be set equal to step M of the new salary range.

The base salary of an employee who is appointed from an internal or statewide layoff list must have their salary determined as follows:

(a) An employee who is appointed to a position with the same range as the position from which the employee was laid off must be placed within the range at a salary equal to the employee’s previous base salary.
(b) An employee who is appointed to a position with a lower range maximum than the position from which the employee was laid off must have the salary determined by the employer’s salary determination policy.

An employee whose previous base salary was at step M of a salary range when accepting a layoff option to a position with a lower salary range maximum at the time of being appointed must be placed at step M of the new salary range.

An employee whose previous base salary was at step L of a salary range when accepting a layoff option to a position with a lower salary range, any previous time spent at step L will count towards the requirement to get to step M of the new salary range.

The employment retention rating is the basis for determining layoff options for nonrepresented employees.

Competencies are the measurable or observable knowledge, skills, abilities, and behaviors critical to an employee’s success in a key job role or function.

Operationally, the CBA term ‘skills and abilities’ is equivalent to ‘knowledge, skills, and abilities’ as defined in Washington State’s Competency Model. Competencies also include behaviors, but most organizations will likely focus on knowledge, skills, and abilities when determining layoff options. Some CBAs specifically define ‘skills and abilities’ for layoff as documented criteria found in:

• Licensing and certification requirements.
• State and federal requirements.
• Position descriptions.
• Recruitment announcements.
• Bona fide occupational requirements approved by the Washington State Human Rights Commission.

Consult the specific CBA for more information.

Washington State Civil Service Rules do not require establishment of competencies prior to a layoff. However, some collective bargaining agreements require that skills and abilities be identified at least three months in advance of a layoff. Employers should establish required competencies in advance of a layoff to avoid suspicion and complaints. If an employer must clarify competencies at the time of layoff, consulting an attorney is advised.

Employers may require a state application, resume, employee profile, or other information from candidates to determine if they meet position requirements.

If the employer maintains its own internal layoff list, the employee must submit an application directly to the employer. To join the General Government Statewide Layoff List and/or the General Government Transition Pool, the employee must submit an application to the Department of Enterprise Services.

Employees interested in being placed on higher education’s statewide layoff lists must apply directly at the institutions. Similarly, higher education employees need to apply separately to general government’s statewide layoff list. Higher education employees are not eligible for placement in the General Government Transition Pool.

Two years from the effective date of the qualifying action.

Yes, as long as they are eligible candidates who meet the competencies and other position requirements. The order for certification must be as follows.

1. If there are names on the employer’s internal layoff list for the class, all eligible candidates on the internal layoff list are certified to the employing official. Internal promotional candidates, as defined by the employer’s promotional policy, may also be certified.
2. If there are no names on the internal layoff list, the employer must certify all statewide layoff candidates who satisfy the competencies and other position requirements.  The employers may then certify other available eligible candidates. Any preference granted to promotional candidates must be in accordance with the employer’s promotional policies.
3. General government employers must certify transition pool candidates, who satisfy the competencies and other position requirements, when a certified pool contains eligible candidates other than layoff or internal promotional candidates.

An employee who has been certified from the layoff list may waive consideration for a position in the class a maximum of three times.

Seniority and position requirements, including competencies, are the two main factors to consider in determining layoff options for employees. Performance may be factored into rating for WMS employees in accordance with an employer’s layoff procedure.

The laid off employee’s position determines the bumping options. If it is within a bargaining unit, bumping options will be governed by the collective bargaining agreement. If it is not part of a bargaining unit, bumping options will be governed by Civil Service Rules.

For Washington general service positions, employers may require that employees hired as a layoff option or from a layoff list serve a six-month transition review period. However, employers are not allowed to require a transition review period when an employee is being appointed to a comparable position with the same job duties as the position the employee held permanent status in prior to layoff. The employer determines the comparability of the position. For Washington management service positions, an employer may require an employee who accepts a layoff option to another WMS position to serve a review period. Based on the nature of the job and the skills of the employee, the review period will be between twelve and eighteen months as determined by the employer.

Employees subject to a layoff may be placed on one or more layoff lists.