unavoidable circumstance of the current crisis. As the economy begins its return to normalcy, there will be major employee concerns about being recalled. A well-planned and well-publicized recall process as discussed above will not only facilitate an orderly resumption of operations, it will also go a long way in minimizing potential claims of biased treatment as well as the damage to employee morale that may result. Any resentment built up by seeing others, perhaps younger, with lesser seniority and/or less skilled, will be difficult to overcome in the future. If there is a basis for some legal claim, it may well be filed. Equally damaging could be the employee perception that their employer does not care, that they are not valued. A negative attitude on the part of some who feel unfairly treated can easily spread to others. No employer should knowingly risk the goodwill that is so critical to maintaining a satisfied and productive workforce.
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
Conclusion Long before any employee recalls begin, employers need to carefully access what skills and experiences are most needed to resume production. A detailed schedule of who will be recalled, and to the extent
known, when, should be a priority. Open and frequent communication with the furloughed employee will help to ease the understandable concern about how soon they may start to resume their normal lives.
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