Legal Question in Employment Law in Indiana

Indefinite lay-off

I had received a letter on May16,2005 saying in reviewing your evaluation for this year, 2004-2005, we regret to inform you that you have been olaced on indefinite lay-off. However, if we have vacancies in the programyou may sumit an application to be considered in another area. Can they go and hire some one for the position that I was in or should they have called me back.

By the our policies and procedures under indefinite lay-off status it says;

If funds for a particular propram are discontinued or late in arriving, or for reasons of lack of work, employees may be placed on lay-off status for an indefinite period. Affected employees shall recieve at lease a 24 hour advance notice. The Executive Director must authorize all lay-offs.

Laid-off employees will accrue no benefits, except those provided by law or agency policies.

Employees placed on indefinite lay-off will be subject to recall for a period of up to twelve (12) months. If recalled to the same position within that period, the employee will be reinstated with no change of anniversary date. Leave credit will commence accruing at the previous rate, and rate of pay will return to the previous level.


Asked on 1/04/06, 6:08 pm

1 Answer from Attorneys
Kenneth Lauter Kenneth E. Lauter, PC

Re: Indefinite lay-off

The decision to hire someone to replace you raises several questions. The bottom line, however, is that your employer may not replace you because of your membership in a protected class. Also, I would be interested in what was in your evaluation that caused them to select you for layoff. Further, I would need to know how your employer has handled other layoffs and whether or not there any precedent for handling recalls. Please feel free to contact me at the below email address.

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Answered on 1/05/06, 9:10 am


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