Common use of Employee Mitigation to Layoff Clause in Contracts

Employee Mitigation to Layoff. For employees whose positions will be eliminated by implementation of the department's re- structuring plan, a number of options will be offered. If an employee's position is to be eliminated, the following will be simultaneously presented to the employee: ♦ job and training opportunities; ♦ enhanced separation options; ♦ normal separation including recall rights. Employees hired after November 1, 2005 and whose positions are eliminated will be provided with only those rights under the normal separation procedures including recall rights. In order to reduce involuntary separations otherwise necessary, the most senior employee within a class shall be offered the choice of one of the available options before less senior employees. At the time an offer is made, the employee may select from the options available. Selection of the enhanced separation or normal separation packages preclude exercising any other option. The employee who selects from job and training opportunities [items 1.1 - 1.4] shall choose from all available job and training opportunities. Once such a selection has been made, the employee is precluded from exercising another option from items 1.1 - 1.4 at a later time, unless the employee's position is subsequently eliminated as a result of re-structuring. An employee who selected the job and training opportunities shall be guaranteed one job and training opportunity within twelve (12) months of selecting the job and retraining option.