Reduction in Force - Layoffs
Contents
- About Layoffs
- Informing Employees
- Employee Assistance
- Procedures
- Union Contracts
- Employee Benefits
- Job Search Information
About Layoffs
These are difficult times: the public looks to government to continue or expand its services at the same time government faces both the pressures of inflation and the uncertainty of revenue sources. Something has to give, and, increasingly, it appears the "give" will be in employment. Since personnel costs consume a vast majority of local government expenditures, if budgets are to be balanced (as they must), layoffs or reductions in force must be considered.
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? What impact, if any, will the layoffs have on protected classes of employees, such as older employees or minorities, thereby possibly giving rise to discrimination complaints. Do the layoffs need to be bargained? What benefits are available to those who have been laid off? Will tasks formerly performed by the laid off workers continue to be performed by the remaining staff members, thus requiring changes in job descriptions and, possibly, salaries?
The following resources begin the process of providing answers. They are, however, just a starting point. Reference should also be made to personnel policies, job descriptions, union contracts, and benefit agreements. Importantly, the preparation for layoffs should involve coordinated efforts by department heads, supervisors, human resource personnel, and legal representatives. Municipal Research and Service Center consultants, of course, remain available to offer assistance, as it is needed.
Informing Employees
- Sample Layoff Letters and Information from Transportation District
- Letter to King County Employees regarding Layoffs, June 14, 2001
- How to write a legally safe layoff letter by HR Specialist
Employee Assistance
- Sample Layoff/Employment Benefit Information to Employees of a Transportation District
- Helping the Employee and Management Survive a Layoff, Western City, February 1994, Library Loan
- Employee Assistance Professionals Association
- AWC Employee Assistance Program (for member cities)
- University Place Resolution No. 606, clarifying and authorizing the city manager to extend certain vacation and sick leave cash out and other assistance to employees affected by the city's reduction in force
Procedures
- Employer Layoff Information and Resources - Washington State Department of Personnel
- Additional Points to Know About - Reductions in Force, from Labor Law 101 for County Officials, Bullard Smith Jernstedt Harnish, Presentation at WACO, September 2001
- Implementing Reductions-in-Force: A Primer (
1.32 Mb), Employment Law Bulletin, Winterbauer & Diamond P.L.L.C., No. 12, December 2000. Reproduced with permission from Winterbauer & Diamond P.L.L.C. This article is a condensed version of "Reductions in Force: Reducing Staff without Increasing Litigation," Employee Relations Law Journal, vol 26, no. 3, Winter 2000. For more information contact Winterbauer & Diamond, 206-676-8440 or e-mail mail@winterbauer.com.
- Tools for Tough Times by The HR Specialist. Helpful discussion of various issues that may arise at the time of layoffs.
- Reductions in Force: Eliminating Staff without Creating Lawsuits, 1995 Critical Employment Law Issues Series, Foster, Pepper & Shefelman Employment and Labor Law Group. Library Loan
- Surviving a Significant Reduction in Workforce -- What's Your Plan? Prepared for the Association of Washington Cities by Bruce L. Schroeder, Summit Law Group, 1999. Library Loan
- Recent Legal Changes Add to Employees’ Rights and Benefits in a Reduction-in-Force – and to Employers’ Obligation, by By Shannon Phillips, Employment/Litigation Attorney, Summit Law Group, PLLC, April 2009.
- Sample Procedures
- Layoff Procedures, Policies and Contract Provisions, compiled by AWC, 1999 Library Loan
- Clallam County
- Section 4.8 and 4.9 - Layoffs from Clallam County Uniform Personnel Policies & Procedures
- Article 17 ( 9 Kb) - Layoff language from the collective bargaining agreement between Clallam County and the Washington State Council of City & County Employees, Local 1619MP (Managers & Professional staff).
- Layoff/Recall and Severance Package from the collective bargaining agreement between Clallam County and Teamsters Local 589
- Employee Termination & Out-Process, Renton Policy and Procedures Manual, Policy 300-19
- Seattle Municipal Code Chapter 4.04.220 - Layoff
Union Contracts
- Alternatives to Layoffs, AFSCME Winter 1996
- Preparing Contracts for an Uncertain Future - Consolidations, volunteers, layoffs, revenue shortfalls, Bruce L. Schroeder, Summit Law Group 20th Annual Labor Relations Institute, May 2000. Library Loan
Employee Benefits
- COBRA Benefits, U.S. Department of Labor Employee Benefits Security Administration
- Unemployment Insurance Benefits, Washington Employment Security
- Public Employees Retirement System Information
Job Search Information