Impending Layoff Clause Samples

The Impending Layoff clause defines the obligations and procedures that must be followed when an employer anticipates terminating a significant number of employees. Typically, this clause requires the employer to provide advance notice to affected employees and, in some cases, to relevant government agencies or labor unions. For example, it may specify a minimum notice period or outline severance arrangements. Its core practical function is to ensure transparency and fairness during workforce reductions, helping both employers and employees prepare for the transition and comply with legal requirements.
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Impending Layoff. In the event management becomes aware of an impending reduction in work force, which includes a civil service displacement, it will make every effort to notify MOSES at least twenty (20) calendar days prior to the layoff. Within five (5) days of notification of the impending layoff, management shall meet with MOSES to discuss the impact of the layoff on the affected employees, including the availability of similar positions within the same department/agency. Upon request, HRD will meet with MOSES and the affected department/agency and other departments/agencies with similar positions to discuss available positions and training programs. Prior to notifying employees of the reduction in force the appointing authority will first solicit volunteers for layoff within the department/agency. However, nothing contained in this article shall preclude the appointing authority from rejecting a volunteer based on the operational needs of the department/agency. During the reduction in force process, the appointing authority may also consider the termination of consultant contracts.
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Impending Layoff. The Employer and the Union agree that a reduction in the work force (layoff), while regrettable, is sometimes necessary, and that this process can be extremely stressful for all concerned. Recent practice has shown that when Management and Union work together as a team, involving employees in the affected work areas in the process, compassionate and constructive plans are more likely to emerge. Therefore, Management will notify the Local Union and AFSCME Council 24 within seven (7) days after Management’s knowledge of impending layoff, but not less than thirty (30) days with respect to the impending reduction and will also inform the Union when the information is available, of the classes in which the layoffs are to occur and the anticipated number of positions to be eliminated. The Union may also request meetings with Management for the purpose of mutual exchange of information when available on the matter. Management shall schedule meetings to be held with seven (7) calendar days after receipt of such requests. (See also 11/2/8 W.)
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Impending Layoff. In the event management becomes aware of an impending reduction in work force, which includes a civil service displacement, it will make every effort to notify ▇▇▇▇▇ at least twenty (20) calendar days prior to the layoff. Within five (5) days of notification of the impending layoff, management shall meet with ▇▇▇▇▇ to discuss the impact of the layoff on the affected employees, including the availability of similar positions within the same department/agency. Upon request, HRD will meet with ▇▇▇▇▇ and the affected department/agency and other departments/agencies with similar positions to discuss available positions and training programs. Prior to notifying employees of the reduction in force the appointing authority will first solicit volunteers for layoff within the department/agency. However, nothing contained in this article shall preclude the appointing authority from rejecting a volunteer based on the operational needs of the department/agency. During the reduction in force process, the appointing authority may also consider the termination of consultant contracts. Actual Layoff ‑ Seniority is based on service within the department/agency except that all provisional employees in a title must be laid off before any employee with temporary‑from‑certification status in the same title. In the event of an actual layoff, management will notify the affected employees in writing not less than ten (10) working days in advance of the layoff date and will send a copy of such notice to ▇▇▇▇▇. Where notices are sent by first class mail, the time shall begin to run on the date of the mailing of the notice.
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Impending Layoff. In the event management becomes aware of an impending reduction in work force, which includes a civil service displacement, it will make every effort to notify the Union at least twenty (20) calendar days prior to the layoff. Within five (5) days of notification of the impending layoff, management shall meet with the Unions to discuss the impact of the layoff on the affected employees, including the availability of similar positions within the same Division. Upon request, the Employer will meet with the Union to discuss available positions and training programs. Prior to notifying employees of the reduction in force the Employer will first solicit volunteers for layoff within the Division. However, nothing contained in this Article shall preclude the Employer from rejecting a volunteer based on the operational needs of the Division. During the reduction in force process, the Employer may also consider the termination of consultant contracts.
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Related to Impending Layoff

  • Demotion and Layoff 10:1 In the event reduction of forces or curtailment of operation shall occur, employees shall be laid off in the reverse order of their Company seniority in the area in which they are working at the time of the reduction. The application of this Section to an employee working temporarily in an area shall apply only to the extent that it affects him/her in his/her regular area. 10:2 An employee who has six (6) months or more of continuous Company service and whose job is being eliminated, may request to displace an employee with less seniority than his/her own in the following sequence: (a) the employee in the same classification in the District who has the least seniority; (b) the employee in the lower classification in the District who has the least seniority; (c) no employee may displace another employee who has greater Company seniority than his/her own. 10:3 If Company cannot effect a displacement in accordance with Section 10:2 or if an employee requests not to take a demotion as provided in Section 10:2(b), an employee who has one (1) year or more continuous service with the Company may elect to displace an employee with less seniority than his/her own in the following sequence: (a) the employee in the same classification in the area working for the same customer who has the least seniority; (b) no employee may displace another employee who has greater seniority than his/her own, except as provided in Article 10:3(c) below; (c) Foremen and Climbers who possess a current commercial driver’s license, and airbrake endorsement when required by the Company, may displace the next *senior employee in their classification (*this senior employee shall be the least senior of those employees in the same classification by District) who has no commercial driver’s license and/or airbrake endorsement, if the vehicle of the crew being displaced requires an airbrake endorsement. In the event a ▇▇▇▇▇▇▇ is displaced subject to this Article, he/she shall be reclassified to the top climber classification. Foremen and climbers shall maintain all demotion and layoff rights to those crews consisting of vehicles they are licensed to operate. 10:4 The Company shall give employees whose jobs are eliminated as much notice as possible. Employees desiring to exercise the provisions of Section 10:2 or 10:3 shall give the Company notice of at least five (5) workdays. 10:5 If in the application of the provisions of this Article an employee in a classification which, in the normal line of progression, is higher than an Trainee classification can effect a displacement in such classification, the former shall not take such Trainee classification but shall be given the rate of classification next higher thereto.

  • Reason for Layoff Layoffs shall occur due to lack of work or lack of funds.

  • No Action after Notice The Corporation covenants with the Warrant Agent that it will not close its transfer books or take any other corporate action which might deprive the Registered Warrantholder of the opportunity to exercise its right of acquisition pursuant thereto during the period of 14 days after the giving of the certificate or notices set forth in Section 4.6 and Section 4.7.

  • Release; Termination (a) Upon any sale, lease, transfer or other disposition of any item of Collateral of any Grantor in accordance with the terms of the Loan Documents or otherwise as specified in Section 9.10 of the Credit Agreement, the Collateral Agent will, at such Grantor’s expense, execute and deliver to such Grantor such documents as such Grantor or the applicable transferee shall reasonably request to evidence the release of such item of Collateral from the assignment and security interest granted hereby; provided, however, that (i) at the time of such request and such release no Event of Default shall have occurred and be continuing, (ii) such Grantor shall have delivered to the Collateral Agent, at least five days prior to the date of the proposed release (or such later date as may be reasonably acceptable to the Collateral Agent), a written request for release in reasonable detail describing the item of Collateral, together with a form of release for execution by the Collateral Agent and a certificate of such Grantor to the effect that the transaction is in compliance with the Loan Documents, (iii) the proceeds of any such sale, lease, transfer or other disposition required to be applied, or any payment to be made in connection therewith, in accordance with Section 2.05 of the Credit Agreement shall, to the extent so required, be paid or made to, or in accordance with the instructions of, the Collateral Agent when and as required under Section 2.05 of the Credit Agreement, and (iv) with respect to sales, leases, transfers or the dispositions of Equipment and Inventory in the ordinary course of business and other sales, leases, transfers or other dispositions and dispositions that are not prohibited by the Credit Agreement, the Liens granted herein shall, to the extent contemplated by Section 9.10 of the Credit Agreement, be deemed to be released with no further action on the part of any Person. (b) Upon the latest of (i) the payment in full in cash of the Secured Obligations (other than contingent indemnification obligations as to which (x) no claim has been made or (y) if a claim has been made such claim is in a determinable amount and has been Cash Collateralized) and (ii) the expiration or termination or Cash Collateralization in accordance with Section 2.03(g) of the Credit Agreement of all Letters of Credit, the pledge and security interest granted hereby shall terminate and all rights to the Collateral shall revert to the applicable Grantor. Upon any such termination, the Collateral Agent will, at the applicable Grantor’s expense, execute and deliver to such Grantor such documents as such Grantor shall reasonably request to evidence such termination.

  • Termination After Change of Control In the event that, before the expiration of the TERM and in connection with or within one year of a CHANGE OF CONTROL (as defined hereinafter) of either one of the EMPLOYERS, (A) the employment of the EMPLOYEE is terminated for any reason other than JUST CAUSE before the expiration of the TERM, (B) the present capacity or circumstances in which the EMPLOYEE is employed is changed before the expiration of the TERM, or (C) the EMPLOYEE's responsibilities, authority, compensation or other benefits provided under this AGREEMENT are materially reduced, then the following shall occur: (I) The EMPLOYERS shall promptly pay to the EMPLOYEE or to his beneficiaries, dependents or estate an amount equal to the sum of (1) the amount of compensation to which the EMPLOYEE would be entitled for the remainder of the TERM under this AGREEMENT, plus (2) the difference between (x) the product of three, multiplied by the total compensation paid to the EMPLOYEE for the immediately preceding calendar year as set forth on the Form W-2 of the EMPLOYEE, less (xx) the amount paid to the EMPLOYEE pursuant to clause (1) of this subparagraph (I); (II) The EMPLOYEE, his dependents, beneficiaries and estate shall continue to be covered under all BENEFIT PLANS of the EMPLOYERS at the EMPLOYERS' expense as if the EMPLOYEE were still employed under this AGREEMENT until the earliest of the expiration of the TERM or the date on which the EMPLOYEE is included in another employer's benefit plans as a full-time employee; and (III) The EMPLOYEE shall not be required to mitigate the amount of any payment provided for in this AGREEMENT by seeking other employment or otherwise, nor shall any amounts received from other employment or otherwise by the EMPLOYEE offset in any manner the obligations of the EMPLOYERS thereunder, except as specifically stated in subparagraph (II). In the event that payments pursuant to this subsection (ii) would result in the imposition of a penalty tax pursuant to Section 280G(b)(3) of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (hereinafter collectively referred to as "SECTION 280G"), such payments shall be reduced to the maximum amount which may be paid under SECTION 280G without exceeding such limits.