Improper Layoff Rights Sample Clauses
The Improper Layoff Rights clause defines the rights and remedies available to employees who are laid off in violation of established procedures or contractual agreements. Typically, this clause outlines the circumstances under which a layoff is considered improper, such as failure to provide adequate notice or not following seniority rules, and specifies the recourse available to affected employees, which may include reinstatement, back pay, or other compensation. Its core function is to protect employees from unfair or arbitrary layoffs and to ensure that employers adhere to agreed-upon layoff procedures, thereby promoting job security and procedural fairness.
Improper Layoff Rights. 13.4.1 Any employee who is improperly laid off and is otherwise entitled to employment shall be re-employed in the same or equal class immediately upon discovery of error.
13.4.2 Accumulated sick leave prior to layoff plus accumulated sick leave and vacation allowance for time not employed with the District as a result of improper layoff, will be reinstated.
13.4.3 The employee will be reimbursed for all loss of pay from the District as a result of the improper layoff less any earnings the employee received from any other employment and/or unemployment compensation while on layoff.
13.4.4 If the employee believes that, as a result of layoff, he/she has not been made financially whole by the District under 13.4.3, the employee may file a grievance under 12.3.6 (superintendent/designee level).
Improper Layoff Rights. 19.5.1 Any bargaining unit member who is improperly laid off and is otherwise entitled to employment shall be reemployed in the same or equal classification immediately upon discovery of the error and given all rights and privileges including retroactive pay, health and welfare benefits and vacation and sick leave accrual as if the bargaining unit member had not been laid off at all.
Improper Layoff Rights. 12.4.1 Any employee who is improperly laid off and is otherwise entitled to employment shall be re-employed in the same or equal class immediately upon discovery of the error.
12.4.2 Sick leave accumulated prior to layoff plus sick leave and vacation allowance time which would have accumulated except for the fact that the employee was not employed with the District as a result of improper layoff, shall be reinstated. If the layoff was improper, seniority shall be restored.
12.4.3 The employee will be reimbursed for all loss of pay from the District, as a result of the improper layoff, less any earnings the employee received from any other employment while on layoff provided the employee proceeds in a timely manner.
12.4.4 If the employee believes that, as a result of a layoff, he/she has not been made financially whole by the District under Article 12.4.3 (immediately above); he/she may file a grievance under Article 10 of this agreement. The grievance shall be considered filed at Level II of the grievance process.