The desire to get back to normal is growing by the day across the country. It is a feeling that is shared by virtually every person. As the effects of the coronavirus pandemic begin to dissipate, shelter-in-place orders expire, and the preventative steps taken have their intended impact, employers will begin the process of recalling furloughed employees. Careful planning will be critical if potential issues, both legal and practical, are to be avoided.
As long as anti-discrimination laws are not violated, neither the state nor federal government dictates how a recall of laid off employees must be conducted. To the extent that there are any rules or guidelines to be followed, they are primarily the result of obligations under a collective bargaining agreement or an employer’s policies such as those contained in an employee handbook. Even if there are no written guidelines, there may be an established past practice, course of conduct or other written or verbal commitments that employees might reasonably expect would be followed when recalls begin.