Layoff Procedure Requirements
Before implementing layoffs, employers must have an established layoff procedure. The Collective Bargaining Agreements (CBAs) dictate the layoff procedure for employees in bargaining unit positions. Below are the requirements of the layoff procedure for non-represented positions.
The layoff procedure must be made available to employees either electronically or in writing. The procedure should detail:
- Layoff units.
- Opportunities to avoid or minimize layoff.
- Notification requirements.
- Criteria for layoff options and time frames for selecting options.
- Criteria for determining comparability of positions during layoff.
- Designation of legitimate business requirements for limiting layoff options (if applicable).
- How employment retention ratings are calculated, and criteria for breaking ties.
- Use of transition review periods.
Employers should periodically review their layoff procedures to ensure they still meet business needs. Ask:
- Are layoff units appropriately designated?
- Are there any unnecessary restrictions in the layoff procedure?
View a sample layoff procedure (Word file).