Improper Layoff Clause Samples
The Improper Layoff clause defines the circumstances under which a layoff is considered invalid or not in compliance with agreed procedures or legal requirements. Typically, this clause outlines the specific actions or omissions by the employer—such as failing to provide adequate notice, not following seniority rules, or bypassing required consultation with employee representatives—that would render a layoff improper. Its core function is to protect employees from arbitrary or unjust dismissals by ensuring that layoffs are conducted fairly and in accordance with established rules, thereby reducing the risk of disputes and potential legal challenges.
Improper Layoff. Any employee who is improperly laid off shall be reemployed immediately upon discovery of the error and shall be reimbursed for all loss of salary and benefits.
Improper Layoff. Any unit member who is improperly laid off shall be reemployed immediately upon discovery of the error and shall be reimbursed for all loss of salary and benefits.
Improper Layoff. 1. If, during the term of this Agreement, it is determined that an employee has been improperly laid off and would have been otherwise entitled to employment, said employee shall be re-employed as soon as possible after the error is determined to exist and shall be reimbursed by the District for any loss of salary. Additionally, seniority step placement, vacation, and sick leave hours shall be reinstated as if there were no interruption in service.
Improper Layoff. An employee who is improperly laid off shall be reemployed immediately upon discovery of the error. An employee is determined to be improperly laid off if a forty- five (45) day notice is not given, a mistake in seniority is made and the employee would not have been laid off, or displacement rights were not given. If such an error is made because of an error in seniority computation, the employee will be reimbursed for all lost salary and benefits for up to two (2) months if the employee files a claim within the two (2) month period.
Improper Layoff. Any bargaining unit member who is improperly laid off shall be re–employed upon discovery of the error and shall be reimbursed for all loss of salary and benefits.
Improper Layoff. An employee who is improperly laid off and is otherwise entitled to employment shall be reemployed in the same or equal class immediately upon discovery of error.
Improper Layoff. 7.10.1 A Classified Administrator who is improperly laid off shall be re-employed immediately upon discovery of the error and shall be reimbursed for all loss of salary and benefits incurred by the administrator as a result of the improper layoff.
7.10.2 Initiation of the processing of the warrant for back pay shall be accomplished within (5) working days by the District after said discovery.
Improper Layoff. A supervisor who has been improperly laid off shall be re-employed immediately upon discovery of the error and shall be reimbursed for any loss of salary or benefits.
Improper Layoff. An employee who is improperly laid off shall be re-employed when it is determined that the layoff was improper. Such employee shall be eligible for reimbursement of real loss of salary and benefits. In no case shall this clause be applicable after three years from the date of the layoff in accordance with legal statutes of limitations.
Improper Layoff. Any employee who is improperly laid off per this Agreement and Education Code shall be reemployed immediately upon discovery of the error and shall be reimbursed for all loss of salary and benefits.