Discharge/Layoff Clause Samples
The Discharge/Layoff clause defines the conditions and procedures under which an employer may terminate or temporarily suspend an employee's employment due to business needs, such as lack of work or organizational restructuring. Typically, this clause outlines the notice requirements, severance entitlements, and the process for selecting employees for layoff, which may include factors like seniority or job performance. Its core practical function is to provide a clear and fair framework for ending employment relationships in situations beyond the employee's control, thereby reducing disputes and ensuring both parties understand their rights and obligations during workforce reductions.
Discharge/Layoff. A discharged or laid-off employee has ten (10) days from the date of discharge or layoff, excluding Saturday, Sunday, and holidays, within which to file written protest with the Union (with notice to the Employer). Said discharge shall then be subject to this Article. If no protest is filed within said ten (10) day period, or within ten (10) days of the notice specified in Article 4.3.4, all rights possessed by said employee or the Union to protest the discharge or layoff are waived.
Discharge/Layoff. Upon the next regular employer pay period after 30 days of a discharge or layoff, an Employee shall be “cashed out” of all unused PTO at the rate of 25% of the Employee’s account balance at the then applicable wage rate. If an Employee returns to work for the Employer within one (1) year, the Employee shall have their PTO balance restored, minus the “cash-out” payment at discharge or layoff. Effective July 1, 2019, the Union and Employer understand that any sick or paid time-off policy enacted by a Government agency shall be waived whenever possible. For example: the Seattle City Council has passed a bill that would add a new chapter to 14.16 of the Seattle Municipal Code requiring Employers with employees in the City of Seattle to provide paid sick time/days and paid safe time/days to their employees. The Union and Employer hereby agree that any requirement to provide any leave required by said bill, either in its current or amended form, or by a substitute bill is hereby waived. The waiver is made knowingly by the Union and the Employer.
Discharge/Layoff.
SECTION 1. The Employer may discharge an employee for sufficient and reasonable cause. Upon request from the Union, the Employer will give written notice to the employee and the Union, of such discharge, and reasons for such action.
SECTION 2. No employee shall be discharged because of union activities.
SECTION 3. In all cases involving layoffs or demotions due to layoff, or rehiring laid off employees, seniority based on continuous service with the Employer shall govern where fitness and ability are substantially equal. Any employee laid off shall retain their seniority for a period of one year, after one year, the employer has no obligation to recall such laid off employee.
SECTION 4. Any employee laid off by the Employer shall be given two (2) weeks’ notice, or in lieu thereof, two (2) weeks’ pay. This section shall not apply to probationary or temporary employees.
Discharge/Layoff. Section 1. The Company has the right to discharge or lay off any employee for sufficient and reasonable cause, including failure to comply with reasonable general warehouse rules, provided the warehouse rules now in effect be discussed with the Union, and posted, and that new rules that might be added from time to time be discussed between the local warehouse manager and the local Union, and likewise be posted, but such employee and the representative of the Union shall be advised as promptly as possible in writing by the Company of the reason or reasons of such discharge or layoff. Should it be found upon investigation, as provided in Article Five hereof, that an employee has been unjustly discharged or laid off, such employee shall be immediately reinstated in his former position, without loss of seniority rating and may or may not be compensated for time lost, depending on the individual case.
Section 2. Should any employee (or former employee within four (4) working days of his discharge or layoff) believe that he has been unjustly treated, he or his representatives may present his complaint in writing directly to the second step of the Grievance Procedure.