Layoffs: For Managers
Initiating a layoff is one of the most difficult actions a supervisor may take. This page covers the steps required to manage a layoff process at UM, the CBA notice requirements that apply to your employees, and how to support both the affected employee and your remaining team. Contact HRS before taking any action.
Who This Applies To
Staff
This page generally applies to supervisors and hiring managers initiating a layoff of a classified staff or skilled craft employee. Employees covered by a collective bargaining agreement (CBA) are subject to the layoff procedures in their applicable CBA. CBA provisions take precedence over the general guidance on this page. Contact HRS to confirm the correct process for your employee's bargaining unit.
Faculty retrenchment is governed by the applicable collective bargaining agreement and is administered through the Office of the Provost. Ending employment for contract positions is governed by Board of Regents Policy 711.1. Contact HRS for guidance on these processes.
Before You Begin
Contact HRS as soon as you anticipate a potential layoff. Do not communicate with the affected employee or take any action until you have consulted with HRS. Early consultation allows HRS to:
- Confirm whether the layoff is appropriate and consistent with applicable policies and CBA provisions
- Review the Incumbent Seniority List to ensure seniority requirements are met
- Advise on the correct notice period for the employee's bargaining unit
- Help you prepare your communications and documentation
Process
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Contact HRS to discuss the layoff before taking any steps. Bring documentation of the rationale for the layoff including the budget, operational, or organizational circumstances that make it necessary. HRS will review the situation, confirm the appropriate process for the employee's classification and bargaining unit, and advise on next steps.
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In consultation with HRS, verify that the appropriate employee(s) are being considered for layoff based on the seniority provisions of the layoff process. Layoffs must follow seniority order within a classification for most bargaining units. Do not proceed until HRS has provided final confirmation that all seniority provisions are met.
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Working with HRS, prepare a layoff justification document that outlines the rationale for the decision. This document serves multiple purposes: it serves as internal documentation for the decision to layoff, informs the notification letter to the employee, and provides consistent talking points for all communications with staff and other stakeholders.
Your talking points should address:
- The rationale for the layoff including the history of why it is necessary
- Efforts made to minimize the impact of job loss
- Who will be affected
- What changes may occur as a result
- The timing of changes
- Resources available to support the affected employee
- Who to contact with questions
HRS will help you review talking points, and will help you prepare for the layoff notification meeting.
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Before notifying the employee, consider who will be affected by the layoff and how you will communicate with each group. Consider the impact on the affected employee, remaining staff, and any students, campus partners, or other stakeholders who interact with the position.
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HRS will provide you with a template notice letter. The manager will draft the letter and submit to HRS for review and finalization. Once the letter is finalized, work with HRS to schedule the notice meeting.
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The notification meeting should be conducted in person by the employee's immediate supervisor, with a representative from HRS present. In this meeting, the manager will issue the notice letter, and HRS will issue a letter containing relevant resources for the employee.
Plan carefully before the meeting. Key guidance:
- Work with HRS to select a private location and a day/time that will be appropriate for the employee’s schedule
- Plan for uninterrupted time and allow enough time for the employee to ask questions
- Deliver the message directly and compassionately
- Give the employee the written layoff notice letter at the start of the meeting and encourage them to read it
- Stay with your prepared talking points and remain calm
- Make clear that the decision is final
- Do not blame others or become defensive
- Acknowledge the employee's contributions and treat them with respect
- HRS will then talk through the contents of the resource letter with the employee
- Encourage the employee to engage in a consultative meeting with HRS representatives to fully understand their rights and available resources following a layoff notice
- Be prepared for a range of emotional reactions. It may be appropriate to allow the employee to take the rest of the day off on personal time – discuss this with HRS prior to the meeting
HRS will notify the appropriate bargaining agent once the employee has been notified.
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Within 1-2 working days of the notification meeting, meet again with the employee to discuss:
- Any additional questions that they may have following the notice meeting
- Communications plan with remaining staff. Though the manager has a responsibility to notify all stakeholders in a timely fashion, discuss with the employee how they would prefer you do so in a sensitive and considerate way
- Transition plan for their remaining time employed with UM, and how you can support them during
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After notifying the affected employee, meet with relevant employees and stakeholders as soon as possible. Be honest about what has happened and why. Acknowledge that the news may be difficult and allow staff to ask questions. Address workload and assignment changes directly. Follow up regularly in the weeks after the layoff to address any concerns that arise.
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Submit a Separation from Employment form to HRS. Work with HRS to confirm the employee's last date of work, final pay, leave payout, and benefits continuation. HRS will advise on any additional steps required for the employee's classification and bargaining unit.
Recall Rights
Employees laid off from most bargaining unit positions have the right to be recalled to their former classification if a similar position within the unit becomes available within one year of the layoff date. Recall must follow seniority order within the classification. HRS will manage the recall notification process. Contact HRS if a position opens that may trigger recall obligations.
For MFPE employees, laid off staff may also apply to the layoff pool within 30 days of their layoff notification. Employees in the layoff pool must be considered for open bargaining unit positions for which they qualify. Contact HRS for current layoff pool procedures.
For non-union classified employees, laid off staff may also apply to the transfer pool within 15 days of their layoff notification. Employees in the transfer pool may be considered for open non-union positions for which they qualify. Contact HRS for current transfer pool procedures.
Frequently Asked Questions
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No. HRS must be consulted before any layoff action is taken. This ensures the process complies with the applicable CBA and protects both the University and the supervisor from procedural errors that could result in grievances or legal liability.
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Contact HRS as soon as you know the grant funding may end. The timeline for grant-funded positions can affect the notice requirements and the available options for the employee. Early consultation with HRS gives more time to explore alternatives.
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Generally, no. Contact HRS before making any decisions about restructuring. Eliminating a position and then hiring a similar role shortly afterward can raise serious legal and CBA compliance concerns.
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The layoff pool is a right available to permanent MFPE employees who have been notified of layoff. Eligible employees may apply to the pool within 30 days of their layoff notification and remain eligible for recall consideration for up to two years. The transfer pool is a right available to permanent non-union employees who have been notified of a layoff. Eligible employees may apply to the pool within 15 days of their layoff notification. Contact HRS to confirm whether the layoff or transfer pools apply to your employee's classification.
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No. Ending employment for an employee on an LOA or MUS Contract are processes separate from the layoff process. Please consult with HRS about what process may be appropriate for your situation.
Contact this Team
For questions, please submit a ticket through AskHR, email askhr@umontana.edu, or call 406-243-6760.