April 20, 2020

We know that for many states and cities, companies are still in the throes of furloughs, layoffs, RIFs and other work stoppages due to being classified as non-essential during the current pandemic and attendant shutdowns.  However, with many governors starting to talk about reopening our economies, employers might be left wondering how to bring back employees in various work stoppage situations.  In many instances if your company furloughed or temporarily laid off your employees, you can send a recall letter to those you furloughed or laid off detailing the terms of their return such as anticipated date, position, benefits, etc.  If you terminated your employees or went through a RIF, you should issue a similar letter but will need to formally rehire those employees and go through much of the onboarding process again.  As an important aside, be sure that you are able to clearly state a legitimate business-related reason for bringing back your employees, especially if you are staggering recalls.  You don’t want to get inadvertently ensnared in a discrimination or retaliation lawsuit by bringing back only certain employees and causing a disparate impact on those in protected classes.  For more questions about handling continued furloughs, layoffs or terminations or how to bring back employees when the time comes, contact our attorneys at myHRcounsel right away!