If a preferential candidate is being rehired into a lower classification than what he/she was laid off from, does the employee have a right to refuse the position?
An employee may refuse a preferential offer of re-employment into a lower classification. However, an employee may lose his/her preferential rehire rights if he/she refuses a preferential job offer at the same or higher salary and same percentage of time. The number of refusals allowed varies by policy and union contract, so review the applicable contract or policy for details.
Related Questions
- If an employee is laid off and is subsequently rehired preferentially or recalled, must the employee be rehired at the same salary they were being paid at the time of layoff?
- If an employee’s position is reclassified to a different job classification, will they continue to be covered by the current MOU and/or represented by the same Union?
- If a preferential candidate is rehired by a department after being laid off, does the employee have to serve a probationary period?
