Can you eliminate a position with a layoff?

“First, keep in mind that with a layoff, you eliminate positions, not people,” said Lara de Leon, shareholder and labor and employment attorney at Ogletree Deakins in Costa Mesa, Calif.

Can you simultaneously make layoffs and new hires?

The short answer is yes, but there are some caveats. What you cannot do is lay off an employee in a specific position and then turn around and fill that same position with a new hire. If that is the route you are looking to take, you cannot refer to that employee termination as a layoff.

What does it mean to eliminate a position?

Position eliminations and reductions in force allow an employer to say goodbye to an employee without having to lay out the reasons for the separation on the employee’s door step. It is, after all, easier to say the “business won’t support your continued employment,” than it is to say, “we don’t like your work.”

Why do companies have to lay off employees?

Companies choose to lay off employees for reasons other than the workers’ performance, such as economic slowdowns, mergers and acquisitions, and business relocations. You can hire back laid-off employees if you need them again, but never use layoffs as a cover for terminating problematic employees.

Can a company lay off someone and hire someone else?

Then the company posted the same position and hired someone into it approximately 30 days later. Isn’t there some type of law around eliminating a position, laying someone off, and then hiring someone for that exact same position within 6 months or something like that?

What happens when an employer lays off an employee?

For example, if your employer lays off your whole department or closes the facility where you worked, it doesn’t have to make a special arrangement to protect your job just because you’re on workers’ comp. However, an employer may not lay off or fire an employee because of that employee’s workers’ comp claim.

When is it good practice to rehire laid off employees?

Whether or not to rehire laid-off employees is mostly a matter of the employer’s judgment. Generally, though, if it’s been less than six months from when you laid off an employee to when you need someone in the position again, it is good practice to rehire the same employee.

What does it mean when a position is eliminated in a company?

Sometimes, a position is eliminated for legitimate reasons—the company was over-staffed and change was inevitable. In other situations, “ we’re eliminating your position” can be code for “we’re unhappy with you, but we don’t care to get into it.” So what do you do if your position is eliminated? First of all, don’t panic—too much.