SAMPLE – Reduction‐in‐Force
[Date]
[Name]
[Address]
Via [Hand Delivery OR Certified Mail No._________]
Dear [Mr./Ms. Last Name]:
I regret to inform you that, due to [reason: e.g., lack of funds, lack of work, reorganization] in the
[agency/department name], it is necessary to implement a reduction‐in‐force. Regrettably, you must
be laid off from your position as [classification] at the close of business on [date].
This reduction‐in‐force is being implemented in accordance with W. V
. C
'' 29‐6‐10(5), (6) and ' 5F‐
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2‐2(d) [*Local Health Departments ‐ 5F‐2‐2(d) does not apply to local health departments so remove all
references.], which provide for a layoff by organizational unit and by occupational group within that
organizational unit. More specifically, W. V
. C
'' 29‐6‐10(5), (6) and [*]'5F‐2‐2(d) state:
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29‐6‐10(5). For layoffs by classification for reason of lack of funds or work, or abolition
of a position, or material changes in duties or organization, or any loss of position
because of the provisions of this subdivision and for recall of employees so laid off,
consideration shall be given to an employee's seniority as measured by permanent
employment in the classified service or a state agency. In the event that the agency
wishes to lay off a more senior employee, the agency must demonstrate that the senior
employee cannot perform any other job duties held by less senior employees within
that agency in the job class or any other equivalent or lower job class for which the
senior employee is qualified: Provided, That if an employee refuses to accept a position
in a lower job class, such employee shall retain all rights of recall as hereinafter
provided.
29‐6‐10(6). For recall of employees, recall shall be by reverse order of layoff to any job
class that the employee has previously held or a lower class in the series within the
agency as that job class becomes vacant. An employee will retain his or her place on the
recall list for the same period of time as his or her seniority on the date of his or her
layoff or for a period of two years, whichever is less. No new employees shall be hired
for any vacancy in his or her job class or in a lower job class in the series until all eligible
employees on layoff are given the opportunity to refuse that job class. An employee
shall be recalled onto jobs within the county wherein his or her last place of
employment is located or within a county contiguous thereto. Any laid‐off employee
who is eligible for a vacant position shall be notified by certified mail of the vacancy. It
shall be the responsibility of the employee to notify the agency of any change in his or
her address.
Notwithstanding any other provision of the code to the contrary, except for the