Common use of Layoff and Severance Clause in Contracts

Layoff and Severance. 1. This Article shall not apply to probationary employees or fellows on term- specific fellowships. With respect to employees hired for positions advertised as limited in duration, specific Visa category or other restricted basis for employment, termination of employment at the expiration of the relevant term (or due to the cessation of the relevant status or basis for employment) is not a layoff subject to this Article. 2. CPI shall notify the Guild and the affected employee(s) at least sixty (60) days in advance of any planned reduction in force or layoff or, if faced with more urgent circumstances, as soon as possible in advance. CPI will provide the Guild background information about the need for a reduction in force and the employee(s) under consideration for layoff. Relevant background and context depend on the circumstances and may include, for example, CPI’s finances, business and policy decisions as to CPI’s direction and focus, changes in funding levels and type of funding, etc. CPI will also provide the Guild information regarding the criteria CPI considers most relevant for determining which employees are to be laid off and which may be retained. If layoffs are determined to be necessary, relevant considerations in selecting employees for layoff may include, among other factors, an employee’s seniority, skills, expertise, performance, experience, and geographic location if relevant to continued work in the Bargaining Unit. 3. During the period prior to a layoff, CPI and the Guild will meet to discuss the rationale for the reduction in force, the relevant criteria for making a final determination as to which employees will in fact be laid off, and possible alternatives to layoff. At the end of the pre-layoff period, should CPI deem it appropriate to proceed with a reduction in force, it shall be within CPI’s discretion to make a determination which employees to lay off, based on relevant criteria. Where two or more employees are under consideration for layoff and are deemed to be substantially equal in the relevant respects, seniority will be given primary consideration. A laid off employee, upon request, shall be provided a letter making clear that they were laid for economic or other business reasons and not performance issues. 4. Laid off employees shall remain on a recall list for twelve (12) months. Time spent on a recall list will be counted for purposes of computation of seniority but for no other purpose, including the accrual of paid time off. During the twelve (12) month recall period, laid-off employees shall be recalled to their former position if it becomes open, and will receive first consideration for any other Bargaining Unit job openings for which CPI reasonably determines they are qualified. Where two or more laid off employee candidates for recall are deemed by CPI to be substantially equal in the relevant respects, seniority will be given primary consideration. 5. Employees being laid off who have worked for more than six (6) months shall receive two (2) week’s salary for every one (1) year of employment subject to a maximum of sixteen (16) weeks’ pay, with the amount of partial years of service prorated. For laid off employees who have worked more than six (6) months, CPI will also pay COBRA premiums for two (2) months for employees with six (6) months to one (1) year of service and three (3) months for employees with more than one (1) year of service. Provided, however, that where CPI demonstrates in a given instance that circumstances are sufficiently dire that implementation of the full extent of layoff benefits as provided in this Section would inflict serious hardship on CPI, the Section 5 layoff benefits may be modified following notice to the Guild and bargaining in good faith over proposed modifications. 6. To receive the severance and employer COBRA benefit specified in section 5, above, an employee must be in good standing and still actively employed by CPI on the layoff date (with no employment break between notification of the layoff and the layoff date) and may be required to execute and not revoke a general release of claims in a form to be provided by CPI. While separation from employment does not relieve employees of previous agreements entered into as CPI employees, CPI agrees not to require new non-compete agreements or non-disclosure agreements as a condition of receiving severance.

Layoff and Severance. 1. This Article shall will not apply to probationary employees or fellows on term- specific fellowshipsterm-limited employees as set forth in Article 1. With respect to employees hired for positions advertised as limited in duration, specific Visa category or other restricted basis for employment, termination of employment at the expiration of the relevant term (or due to the cessation of the relevant status or basis for employment) is not a layoff subject to this Articlearticle. 2. CPI shall will notify the Guild and the affected employee(s) at least sixty (60) days in advance of any planned reduction in force or layoff or, if faced with more urgent circumstances, as soon as possible in advance. Where sixty (60) business days’ notice to the Guild and affected employees is not possible, CPI will provide the affected employees with pay in lieu of notice. During the period prior to a layoff, CPI and the Guild will meet to discuss the rationale for the reduction in force and possible alternatives. CPI will provide the Guild background information about the need for a reduction in force and the employee(s) under consideration for layoff. Relevant background and context depend on the circumstances and may include, for example, CPI’s finances, business and policy decisions as to CPI’s direction and focus, changes in funding levels and type of funding, etc. CPI will also provide the Guild information regarding the criteria CPI considers most relevant for determining which employees are to be laid off and which may be retained. If layoffs are determined to be necessary, relevant considerations in selecting employees for layoff may include, among other factors, an employee’s seniority, skills, expertise, performance, experience, and geographic location if relevant to continued work in the Bargaining Unit. 3. During the period prior to a layoff, CPI and the Guild will meet to discuss the rationale for the reduction in force, the relevant criteria for making a final determination as to which employees will in fact be laid off, and possible alternatives to layoff. At the end of the pre-layoff period, should Should CPI deem it appropriate to proceed with a reduction in force, it shall be within CPI’s discretion to make a determination which employees to lay off, based on relevant criteria. Where two or more employees are under consideration for layoff and are deemed to be substantially equal in the relevant respects, seniority layoffs will be given primary considerationconducted in order of inverse seniority within each affected job classification, provided the remaining more senior employees have the skills, qualifications, experience and/or expertise to perform the remaining duties that CPI requires. A laid off employee, upon request, shall will be provided a letter making clear that they were laid off for economic or other business reasons and not performance issues. 4. Laid off employees shall will remain on a recall list for twelve (12) 18 months. Time spent on a recall list will be counted for purposes of computation of seniority but for no other purpose, including the accrual of paid time off. During the twelve (12) 18-month recall period, laid-off employees shall will be recalled to in order of seniority if their former position if it or one of the same classification becomes open, and will receive first consideration for any other Bargaining Unit job openings for which CPI reasonably determines they are qualified. Where two or more laid off employee candidates for recall are deemed by CPI to be substantially equal in the relevant respects, seniority will be given primary consideration. 5. Employees being laid off who have worked for more than six (6) months shall receive two (2) week’s salary for every one (1) year of employment subject to a maximum of sixteen (16) weeks’ pay, with the amount of partial years of service prorated. For laid off employees who have worked more than six (6) months, CPI will also pay COBRA premiums for two (2) months for employees with six (6) months to one (1) year of service and three (3) months for employees with more than one (1) year of service. Provided, however, that where CPI demonstrates in a given instance that circumstances are sufficiently dire that implementation of the full extent of layoff benefits as provided in this Section would inflict serious hardship on CPI, the Section 5 layoff benefits may be modified following notice to the Guild and bargaining in good faith over proposed modifications. 6. To receive the severance and employer COBRA benefit specified in section 5, above, an employee must be in good standing and still actively employed by CPI on the layoff date (with no employment break between notification of the layoff and the layoff date) and may be required to execute and not revoke a general release of claims in a form to be provided by CPI. While separation from employment does not relieve employees of previous agreements entered into as CPI employees, CPI agrees not to require new non-compete agreements or non-disclosure agreements as a condition of receiving severance.following: a. Two