Sample For Reduction-In-Force Letter (Page 2 of 4) in pdf

provisions of section seven [' 5B‐2‐7], article two, chapter five‐b of this code, when

filling vacancies at state agencies the directors of state agencies shall, for a period of

twelve months after the layoff of a permanent classified employee in another agency,

give preference to qualified permanent classified employees based on seniority and

fitness over all but existing employees of the agency or its facilities: Provided, That

employment of these persons who are qualified and who were permanently employed

immediately prior to their layoff shall not supersede the recall rights of employees who

have been laid off in such agency or facility.

[*]5F‐2‐2(d). The layoff and recall rights of employees within the classified service of the

state as provided in subsections (5) and (6), section ten [' 29‐6‐10(5) and (6)], article six,

chapter twenty‐nine of this code shall be limited to the organizational unit within the

agency or board and within the occupational group established by the classification and

compensation plan for the classified service of the agency or board in which the

employee was employed prior to the agency or board's transfer or incorporation into

the department: Provided, That the employee shall possess the qualifications

established for the job class. The duration of recall rights provided in this subsection

shall be limited to two years or the length of tenure, whichever is less. Except as

provided in this subsection, nothing contained in this section shall be construed to

abridge the rights of employees within the classified service of the state as provided in

sections ten and ten‐a ['' 29‐6‐10 and 29‐6‐10(a)], article six, chapter twenty‐nine of

this code.

Further, the Administrative Rule of the Division of Personnel, W. V

. C

R. §143‐1‐1 et seq., provides

ODE

bumping rights to classified employees. However, if there is no one in your occupational group within

your organizational unit who has less seniority than you, then the bumping provisions found in

subsection 12.4.g. may not apply. More specifically, subsection 12.4.g. states:

(g) Bumping Rights. ‐‐ A permanent employee who is to be laid off may request a

reassignment and lateral class change or demotion without prejudice to an existing

position in a class in the occupational group in the same organizational unit approved by

the Board for reduction in force unless the results would be to cause the layoff of

another permanent employee who possesses greater seniority. The employee

exercising bumping rights must be available for the work schedule and location of the

job to which he or she has requested. A permanent employee who is subsequently

scheduled for layoff under these provisions as a result of another employee having

greater seniority exercising his or her bumping rights by requesting a lateral class

change or demotion without prejudice has the same bumping rights as provided for in

this procedure. The Director shall develop the occupational groups in the classified

service based on similarity of work and required knowledges, skills and abilities.

You will be paid for all annual leave days which have accumulated to your credit as of your last work

day. In accordance with the Administrative Rule, all accumulated sick leave shall be cancelled as of the

date and time of separation. Date and time of separation is defined as ADate and time last worked of

employees separating due to dismissal, voluntary resignation, voluntary retirement, layoff, or sudden

death; the date of death of employees who die while on paid or unpaid leave; the date and time of

Sample For Reduction-In-Force Letter Page 2

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