Layoff Hearing Clause Samples
Layoff Hearing. An employee who received a Notice of Layoff shall be entitled to request a hearing before the Council or its authorized representative prior to the effective date of the layoff. Such a request shall be made within fourteen (14) calendar days of service of the Notice of Layoff of the adoption of the rules and procedures by the Council, whichever occurs last. Failure to make such a request shall waive the right to a hearing. At said hearing, the employee may challenge the determination of persons to be laid off and the procedure used to layoff. The employee shall have the right to be represented by a representative of his/her choosing, to present evidence, and to cross examine any witnesses. Within fourteen (14) calendar days following the hearing, the Council shall issue findings of fact, conclusions, and an order affirming or revoking the layoff of the employee. Said findings, conclusion, and order shall be served on the employee by placing them in a sealed envelope and mailing them by first class mail, postage prepaid, to the last known address of the employee. Unless the Council orders revocation of the Notice of ▇▇▇▇▇▇, the employee shall be laid off at the date set forth in the Notice of Layoff. If, after request, the hearing is not held prior to the effective date of layoff as set forth in the Notice of Layoff, the effective date of the layoff shall be deemed to have been extended until after the hearing and the issuance of the order by the Council. In such case, the Council shall set a new effective date of layoff in their order unless they order revocation of the original notice.
Layoff Hearing a. If a layoff proceeds to hearing, the Administrative Law Judge shall prepare a proposed decision containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils of the schools. The proposed decision shall be prepared for the Governing Board and shall contain a determination as to the sufficiency of the cause and a recommendation as to the disposition. However, the Governing Board shall make the final determination as to the sufficiency of the cause and disposition. Copies of the propose decision shall be submitted to the Governing Board and to the unit member on or before May 7 of the year in which the proceeding was commenced.
b. Prior to May 15, the Governing Board shall adopt a final layoff resolution accepting, rejecting, or modifying the proposed decision, and directing the layoff of specific employees. Notice of termination to the employee(s) by the Governing Board shall be served on the employee prior to May 15. If a continuance was granted after a request for a hearing was made, the May 7 and May 15 deadlines shall be extended for the number of days of that continuance.