Rehired Then Laid Off Again Can I Get a Severance Package
Johnny C. Taylor Jr.
Johnny C. Taylor Jr., a human resources expert, is tackling your questions as part of a series for USA TODAY. Taylor is president and CEO of the Society for Man Resource Management, the world'southward largest HR professional social club.
The questions are submitted past readers, and Taylor'southward answers below have been edited for length and clarity.
Have a question? Practise yous have an HR or work-related question you lot'd like me to answer? Submit information technology here.
Question: I was laid off due to the loss of revenue from the COVID-nineteen pandemic. I was wondering if my employer was hiring again (my same position) do I automatically become my job dorsum?
– Anonymous
Johnny C. Taylor Jr.: I'chiliad sorry to hear you lost your job. It'due south a difficult situation that so many hard-working Americans know all too well.
Unfortunately, there's no guarantee yous volition get your task back, even if your visitor is hiring for the aforementioned position. Unless y'all signed a contract or an understanding, employers are not required to rehire laid-off workers.
However, that doesn't hateful information technology's impossible to get rehired at your visitor. Employers frequently rehire laid-off workers for myriad reasons: It tends to be more toll-constructive than recruiting and hiring someone out of network, and information technology too demonstrates loyalty to solid employees.
You don't mention how long you lot were at your company, but when rehiring, many organizations consider an employee'due south tenure, task operation, and whether the layoff was part of a reorganization or just a slowdown in business concern. Plus, it sounds like your layoff was due to the financial impact of COVID-nineteen, not your work ethic or performance.
If you received a layoff detect, exercise your research. Check to see if it mentions anything near being rehired. I also recommend reaching out to the company's Hour team for boosted guidance on rehire policies and practices.
Observe out what the business practice is and if they programme to recall any workers. Share your interest in other opportunities inside the organization, even if they may be a chip unlike from your prior role. This will demonstrate dedication – and that yous're flexible and agile.
And for some practiced news: Nosotros're continuing to see more than businesses reopen as the economy recovers. Keep your caput upwardly and don't be too hard on yourself. I hope y'all can observe a position that'southward a proficient fit for y'all presently!
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Q: Tin an employee cite a religious exemption to not article of clothing a mask? Nosotros currently have a mask and vaccination requirement for our staff and if someone is not vaccinated and there is an outbreak, they can be sent home for the duration of the outbreak. Can we do the aforementioned for those that merits exemption from masks?
– Anonymous
Taylor : Thank you for request this timely question. Yes, an employee can cite a religious exemption to non wear a mask.
Title VII of the Ceremonious Rights Act of 1964 makes it illegal to discriminate against a person on the basis of race, color, faith, sex, or national origin. This would include their ability to wearable a face up mask.
That said, nosotros've heard it from public health officials and cardinal federal agencies: Wearing a mask is a critical way to mitigate the spread of the virus. It'south common sense for employers to encourage workers to wear protective gear – not only to protect themselves merely others around them.
If an employee cannot or does not want to wear a mask due to a religious belief, I strongly recommend discussing this request with the employee and provide an alternative measure, if feasible. However, in some situations, requested accommodations may pose an undue hardship on the employer's business concern. In those cases, you may non have to accommodate them.
Recollect, though, if an employee claims religious discrimination, your organization may need to demonstrate the undue hardship to the Equal Employment Opportunity Commission (EEOC) which enforces Title 7.
Even though you lot may have a requirement to transport someone domicile for non wearing a mask, I advise starting a candid chat with them first, and so decide a course of action. Maybe you can come upwardly with a solution such as teleworking or a staggered schedule that enforces workplace health and safety concerns while begetting in listen the rights of an employee.
Be well!
Source: https://www.usatoday.com/story/money/columnist/2020/09/22/can-employee-get-rehired-same-job-after-being-laid-off-ask-hr/5859870002/
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