Represented Classified Employees

Questions and Answers

What is a layoff?

A layoff is an employer initiated action that results in separation from service, employment in a class with a lower salary range maximum, reduction in the work year, or reduction or increase in the number of work hours. A layoff is a sometimes called a reduction in force or RIF.

What is the difference between layoff and other types of separation?

Layoff is not a disciplinary action.

Where can I find out more about how layoff could impact my employment?

You should consult the current Collective Bargaining Agreement (CBA) by and between The Evergreen State College and the Washington Federation of State Employees (WFSE). Layoff and Recall is addressed in Article 35. See other sections of this Q&A if you are a represented exempt employee (SSSSU) or non-represented exempt employee. If you are faculty, please refer to the United Faculty of Evergreen CBA.

When can a layoff occur?

Pursuant to Article 35 of the CBA, the reasons for layoffs include, but are not limited to, the following:

  1. Lack of funds;
  2. Lack of work; or
  3. Organizational change.

How are positions selected for layoff?

The Employer will determine the basis for, extent, effective date and the length of layoffs in accordance with the provisions of Article 35.

Can an employee grieve a layoff action?

Yes, layoff actions are subject to the grievance procedure in Article 30.

How much notice will I receive before a layoff?

Pursuant to Article 35.11, permanent employees will receive written notice at least twenty (20) calendar days before the effective layoff date.

What should I look for in my layoff notice that will help me understand this layoff?

The notice will include:

  1. The basis for the layoff;
  2. The employee’s layoff option(s) including any requirement for the employee to serve a transition review period;
  3. The specific layoff list(s) for which the employee is entitled to placement; and
  4. The date by when an employee must select a layoff option and the employee’s right to grieve the layoff.

I am a veteran. Is there any sort of preference for veterans in layoff?

Yes, for the purposes of layoffs, a maximum of five (5) years’ credit will be added to the seniority of permanent employees who are veterans or to their unmarried widows or widowers, as provided for in RCW 41.06.133 (1) (m). For more information, please contact Human Resource Services.

I am in my probationary period. If I am laid off, am I eligible for layoff options and placement on layoff lists?

No. Employees must have permanent status to be given layoff options and to be placed on a layoff list. Employees with permanent status will not be separated from state service through a layoff action without first being offered available classified position(s) they have the skills and abilities to perform within their current job classification within the layoff unit currently held by probationary employees. Probationary employees will be separated from employment before permanent employees.

Layoff Options

What is a 'layoff option'?

An option is a position the laid off employee can select to continue employment instead of separating. Options are offered based on seniority and in the order described in Articles 35.9 and 35.10.

How are “skills and abilities” considered in determining layoff options?

Skills and abilities are documented criteria found in license/certification requirements, federal and/or state requirements, position descriptions, bona fide occupational qualifications approved by the Human Rights Commission, recruitment announcements or other Employer documents that reference position requirements. Human Resource Services will determine if the employee possesses the required skills and abilities for the position and the comparability of the position. The college may require updated information from the employee regarding their current skills and abilities.

What does “bumping” mean?

If no funded vacant positions in their current classification are available, a laid off employee, who has the skills and abilities, has the right to “bump” the least senior employee from funded filled positions in their current job classification, previously held job classifications at the same or lower salary range, or, by request, lower job classifications within the current job classification series even if the employee has not held permanent status in the lower job classification. “Bumped” employees will then be laid off in accordance with Article 35.

How long does an employee have to consider their layoff options?

Employees will be provided up to five (5) calendar days to accept or decline, in writing, any option provided to them. This time period will run concurrent with the twenty (20) calendar days’ notice provided to the employee.

If I accept a layoff option, will I serve a probation period or trial service period?

The employee must complete a six (6) month transition review period when the employee accepts a layoff option to a job classification in which the employee has not held permanent status. The supervisor may extend the transition review period for an individual employee as long as the extension does not cause the total period to exceed twelve (12) months.

If I accept a layoff option, how will my salary be impacted?

Employees appointed to a position as a result of a layoff action will have their salary determined as follows:

  • Current Salary Level

An employee who accepts another position with his or her current salary range will retain their current salary.

  • Lower Salary Level

An employee who accepts another position with a lower salary range will be paid an amount equal to their current salary, provided it is within the salary range of the new position. In those cases where the employee’s current salary exceeds the maximum amount of the salary range for the new position, the employee will be compensated at the maximum salary of the new salary range.

Layoff Lists

When can I get my name placed on the internal layoff list?

The layoff notice will include the specific layoff list(s) for which the employee is entitled to placement and provide up to five (5) calendar days to request placement on eligible layoff list(s).

How long can I be on the internal layoff lists?

An employee’s name will remain on the layoff list for two (2) years from the effective date of the employee’s layoff, or until they resign or retire from employment with the College.

How will I get considered for rehire from the internal layoff list?

When a vacancy occurs and where there are names on a layoff list, the College will consider all of the laid-off employees in accordance with Article 4, Hiring and Appointments, who have the skills and abilities to perform the duties of the position to be filled.

Can I waive interviews or job offers that I get while I am laid off?

Yes, but an employee who is offered a position and refuses the offer will have their name removed from the layoff list after three (3) refusals.

If I am rehired from the internal layoff list, do I serve a probation period or trial service period?

The employee must complete a six (6) month transition review period when the employee has been appointed from a layoff list. The supervisor may extend the transition review period for an individual employee as long as the extension does not cause the total period to exceed twelve (12) months.

What happens to my salary if I am rehired from the internal layoff list?

  1.  Employees who are appointed from a layoff list to a position with the same salary range from which they were laid off will be paid the amount for which they were compensated when laid off plus any adjustments which occurred during the time they were laid off.
  2. Employees who are appointed from a layoff list to a position with a lower salary range than the position from which they were laid off will be paid an amount equal to the salary they were receiving at the time they were laid off, provided it is within the salary range of the new position. In those cases where the employee’s prior salary exceeds the maximum amount of the salary range for the new position, the employee will be compensated at the maximum salary of the new salary range.

If I am rehired from a layoff list does my seniority date, vacation accrual rate, and sick leave start all over again?

No. Employees who are separated from state service due to layoff and are reemployed from a layoff list will not be considered to have a break in service and the time the employee is on the layoff list will be treated as leave without pay.

How do I get my name on statewide layoff lists?

The Statewide Layoff List is administered by the Washington State Department of Enterprise Services. If you were laid off from a Higher Education job class and apply to the Department of Enterprise Services (DES) to be on the statewide layoff list for employment in General Government, DES will determine comparable General Government class(es). For more information, please contact DES at: LayoffandGGTP@des.wa.gov

Other

While I am laid off will I still have my health insurance?

For an answer that addresses your circumstances, contact the Payroll Office or the Health Care Authority for more information.

While I am laid off will I qualify for Unemployment Insurance?

The college does not make this determination. Contact the Employment Security Department to find out if you’re eligible.

If I have additional questions about layoff, who should I ask?

Employees are encouraged to contact Laurel Uznanski, AVP for Human Resource Services, at (360)867-5366, Uznanski@evergreen.edu or in person at LIB 3102.