Arlington Layoff Notice Union Member September 11, 2012 [First Name] [Last Name] [Address] [City], WA [Zip] Dear [First Name]: For several years now, the City of ________________ has experienced a significant decline in revenues due to the recession. As you know, the City has implemented many options to improve efficiency and reduce costs. These measures have helped, but have not kept us ahead of the revenue reductions. Unfortunately, we are again faced with a substantial deficit of $____________ in the 2013 Budget. After careful consideration and review of current positions held within the City, and after analysis of the budget, it is clear we need to cut even deeper. The City of ______________ will eliminate [x # of] positions throughout the organization to cover the budget deficit. It is with deepest regret that I inform you that your position is one that will be eliminated. I understand that [supervisor’s name / department director’s name], met with you on [date] to personally convey this information. The staffing changes will take place [date]. Your last day of work for the City of Arlington is [date]. The City has worked cooperatively with [union name] to establish a layoff plan for those affected employees. The following is the separation benefits being provided to you: List separation benefits here -severance -insurance -COBRA -outplacement services You will be placed on layoff status and will be put on a recall list. Layoff status will last for a period of eighteen (18) months, during which time you will retain your length of continuous service credit. You will be considered for vacancies based on length of continuous service, skills, work history, and ability. During the time you are on layoff status and on the recall list, it is your duty to keep the city informed of changes in address and phone number, as well as email address, if you desire to be notified by email. Arlington Layoff Notice Union Member [Staff member name from HR], Human Resources Analyst, is available to discuss the elements of the separation package being provided to you. If you have any questions regarding any portion of the package, please contact her at [phone] or [email]. [First name], please accept our appreciation for your dedication and hard work during your employment with the City of ___________. We appreciate all of the contributions you have made while at the City of _________________. We have always valued and continue to value the contributions of all our staff and deeply regret the need for this action. Sincerely, Mayor Arlington Layoff Non Union Member Layoff August 7, 2012 [First Name] [Last Name] [Address] [City], WA [Zip] Dear [First name]: For several years now, the City of ________________ has experienced a significant decline in revenues due to the recession. As you know, the City has implemented many options to improve efficiency and reduce costs. These measures have helped, but have not kept us ahead of the revenue reductions. Unfortunately, we are again faced with a substantial deficit of $____________ in the 2013 Budget. It is with much regret we must advise you, that due to the continued faltering economy, the City of ______________ is eliminating your position effective immediately. We expect the termination of your employment to be permanent. Your layoff will be officially effective [date]. The decision to reduce staffing has been a very difficult decision to make. We hope you understand the precarious financial situation the city is in. In accordance with City Policy __________ the City will be providing you with pay in lieu of notice. A copy of City Policy _____________ is attached for your reference. You will receive a separate check for the cash-out of your accrued vacation and one-third of your sick leave up to a total of 240 hours, per City policy. You will be placed on layoff status and will be put on a recall list. Layoff status will last for a period of twelve (12) months, during which time you will retain your length of service credit. You will be considered for vacancies based on length of continuous service, skills, work history and ability. During the time in which you are on layoff status and on the recall list, it will be your duty to keep the City informed of any changes in your address, phone number, or e-mail address. You will be eligible to apply for unemployment benefits. You may contact the Employment Security Department at www.esd.wa.gov for further information on applying for unemployment benefits. Your participation in City sponsored group health insurance programs will be in effect through [date]. The City of _______________ has notified the [Insurance provider] of the City’s reduction in force and your layoff, effective [date]. You may be eligible for COBRA benefits through [insurance provider] on a self-paid basis. You will receive information from [insurance Arlington Layoff Non Union Member Layoff provider] regarding enrollment in COBRA benefits and premium rates. For questions regarding the programs call [insurance provider] at [phone number]. [City name] offers an Employee Assistance Program that will be available to you through [date]. You can contact the EAP provider, [provider name], by calling 1-800-570-9315. [Provider name] staff are available 24 hours a day, 7 days a week. [First name], your service to the City of Arlington is greatly appreciated. You have been incredibly dedicated and have invested a vast amount of hard work into the City. We wish you well in your future endeavors. Sincerely, Mayor Bainbridge Island At Risk Template MEMORANDUM TO: FROM: City Manager DATE: RE: 2011 Budget Reductions – At Risk Notice In order to address the existing budget deficit, the City Council directed staff to significantly reduce the 2011 budget. To do so required careful consideration of all functions, programs and bodies of work that we could reduce or eliminate. While the first thing we looked to cut was vacant positions and expenses, those cuts were insufficient. We were unable to avoid proposing the abrogation of filled positions, including all positions within your classification. Therefore, we are notifying you that you are at risk of being laid off effective December 31, 2010. Although we believe your position is at risk, the final decisions about positions and budget will be made by the City Council when they vote to adopt the 2011 budget in late November. However, I do not want to be unrealistic and offer up false hope, as we have been unable to identify sufficient potential reductions to address the financial goals of the council, and other reductions will likely be necessary. Should the at-risk status of your position change as the Council makes decisions during their deliberative process, we will notify you immediately. I wish we were not faced with reducing costs by cutting positions and laying off employees, but as I have discussed with many of you, even if we were to continue with current operations, costs will rise next year significantly beyond our revenues. This is an extraordinarily stressful time for you and your coworkers. Please know that the decision to identify your position for reduction was based on the business needs of the organization and in no way reflects your contributions to the City. The Employee Assistance Program is prepared to assist you and other at risk employees. We encourage you to call APS Healthcare at 1-800-570-9315 if you need their services. If you have any questions, please contact (the human resources manager) or your department director. Again, I am sorry to have to give you this notification. Don’t hesitate to call me or (my assistant) if there is anything either of us can do to help you through this most difficult time. Bainbridge Island layoff_template MEMORANDUM TO: FROM: City Manager DATE: RE: 2011 Budget Reductions – Layoff Notification On XX, you were notified that you were at risk for layoff due to the fact that all positions in your classification were identified for abrogation under the proposed 2011-2012 Budget. It is with great regret that I must notify you that on November 17, 2010, City Council finalized the 20112012 Budget and you are subject to layoff. The effective date of the layoff is December 31, 2010. Accompanying this notice is a guide for separating employees which may be useful. If you have additional questions about your separation, please contact (human resources). The Employee Assistance Program is prepared to assist you and other affected employees. We encourage you to call APS Healthcare at 1-800-570-9315 if you need their services. Please know that the elimination of your position was a business decision and does not reflect your work performance or the value we place on your service to the City. The City experienced enormous revenue shortfalls this year due to the downturn in the economy and departments had to make very difficult decisions in order to balance the 2011-2012 Budget and to provide essential City services, particularly those that serve our most vulnerable populations. I will make every effort to provide support during this difficult time. Please let me know if you have any additional questions. Longview Layoff Letter template Date Employee Home Address Longview, WA. 98632 Re: Layoff Due to Economic Downturn and Loss of Revenue Dear Name: The City of Longview continues to suffer revenue losses due to poor economic conditions. Consequently, in order to uphold the City’s commitment to its citizens to meet budgetary requirements and to be fiscally responsible I find it necessary to reduce staffing in the NAME of Department. I regret to inform you that the Title of position you hold will be eliminated effective Date. This action in no way reflects discredit on you as an employee. Your rights as an Bargaining Unit Name employee have been considered under the Union layoff rules. Unfortunately, the only option available to you is layoff which will be effective at close of business on Date. You will be placed on the Title of position recall list for xx months from the date of your layoff. If or when positions in that classification become available, individuals on this list, who qualify, will be called back in seniority order to fill vacancies. You are also entitled Name to apply for any other City position vacancies that may come open and for which you meet the minimum qualifications. For more information on internal vacancies, please contact HR Contact Name & number. City coverage of your medical and dental benefits will end on December 31, 2012. If you want to continue coverage, you are eligible to continue these benefits on a selfpay basis for up to 18 months by contacting Benefits contact Name and number in the Human Resources Office. Once again, I deeply regret the need to take this action. Again this layoff in no way reflects discredit on you or your job performance. I genuinely hope that circumstances permit the City to ultimately locate an option involving continued employment that is available under City policy, but if that does not occur, please accept my thanks on behalf of the City for your valued service. Best wishes for your continued success. Sincerely, City Manager Copy: SeaTac Plans Exam-Insp 2-BB MEMORANDUM Date: November 19, 2010 To: ___ From: ___, City Manager __, __ Director cc: __, Human Resources Director Employee’s Personnel File Re: Notice of Layoff As you may be aware, the City of SeaTac has taken steps to reduce budget expenditures in the 2009 and 2010 fiscal years. Because of persisting depressed economic conditions, the City is projecting a significant budget shortfall again in 2011. Due to the uncertain economic outlook in the near future, it is necessary at this time to take a most difficult step and reduce the number of employees within the City. With regret, I must inform you that your position will be eliminated, and you will be laid off effective December 31, 2010. Bumping Rights The AFSCME collective bargaining agreement allows employees subject to layoffs to “bump” less senior employees in the same classification within the bargaining unit; or to bump a less senior employee in a lower classification within the classification series within the bargaining unit; or to displace a less senior employee in a job classification previously held by the employee where the employee had passed probation if they meet the minimum qualifications for the job. The City has reviewed your seniority within the bargaining unit in relation to these bumping rights, and we have determined that you are not eligible to bump any other employee within the bargaining unit. Paid Administrative Leave in Lieu of Severance Pay You will be placed on paid administrative leave from December 2 through December 31, 2010. During your paid administrative leave period, you will continue to receive full salary and benefits as an employee of the City. Your employment with the City will cease on December 31, 2010. In addition to the paid administrative leave compensation above, all leave hours you have accrued in your vacation, floating holiday, and compensatory time leave banks will be cashed out at the time of your separation. Per your labor agreement, you may also be eligible to cash out twenty five percent (25%), not to exceed sixty four (64) hours, of your accrued sick leave if you have not participated in the annual sick leave cash out program. SeaTac Plans Exam-Insp 2-BB City Benefits Your health care insurance will remain in effect through the end of the month of your separation, which is December 31, 2010. You will be scheduled to meet with a Human Resources staff member for an exit interview prior to your separation. During the exit interview, your benefit options including Public Employees Retirement System (PERS), C.O.B.R.A., which allows continuation of health care insurance coverage at your own expense, deferred compensation, life insurance, etc. will be reviewed. Human Resources will contact you to schedule your individual exit interview. Unemployment Benefits Employees subject to layoffs are normally qualified for unemployment benefits. We encourage you to apply for this benefit with the State Employment Security Department by phone at 800-318-6022, online at www.esd.wa.gov/uibenefits, or in person at a local Employment Security office. The State will make the determination on your unemployment benefits. Outplacement Services The City will be providing out-placement services for employees who are laid off. The services are as follows: • December 1, 2010 at 11 AM - ICMA Financial Planner, “Preparing for Employment Transition” presentation. Afterward, ICMA representatives will be available for one-on-one meetings with employees. • December 1, 2010 at 1:30 PM – ComPsych, “Coping with Job Loss” presentation. Afterward, EAP counselor will be available for one-on-one meetings with employees. • Human Resources will be sending you more information about the Outplacement Services to be provided. As an employee, you may call the City’s Employee Assistance Program (EAP) at (800) 570-9315 (or at www.guidanceresources.com) for a confidential counseling and referral service that can help you and your dependent(s) through this transition. Reinstatement Per the AFSCME labor contract, as a laid off employee, you will be placed on a recall list for a period of two (2) years. “If there is a recall, employees still on the recall list shall be recalled in the inverse order of their layoff, provided they are presently qualified to perform the work in the job classification to which they are recalled. Furthermore, they may be required to take a physical examination for those classifications requiring such examination at (the) time of initial hire. Employees eligible for recalls shall receive thirty (30) days notice of recall. Such notice shall be by certified mail and the employee must notify the City of his/her intention to return within five (5) working days after receiving the notice of recall. It is the SeaTac Plans Exam-Insp 2-BB obligation and responsibility of the employee to provide the City with his/her latest mailing address. Failure to respond to a notice of recall shall waive an employee’s rights to recall.” Due to fiscal uncertainties, it is currently impossible to predict if reduced or laid off positions may be reinstated. The City cannot guarantee reinstatement of any position subject to layoff or reduction. Conclusion We thank you for your service and dedication to the City of SeaTac. The City and I wish you the best of luck in your future. If you have further questions or need additional information, you may contact _______, Human Resources Director, at (206) 973-4651. Acknowledge Receipt: Employee Signature Date Witness: Witness Signature Date Shoreline Template Layoff Memo Memorandum DATE: TO: FROM: RE: Official Notice of Layoff CC: Personnel File Monday evening, at the XXXX City Council Meeting, the Council adopted the City’s XXXX Budget. Your position is not included in this XXXC Budget and, as a result, you will be laid off effective XXXX. In late September, the City Manager finalized her proposed XXXX Budget which recommended elimination of XXXX positions. In consultation with City Attorney and Human Resources, your department director determined that, if the Council enacted the Budget as proposed, you would be subject to layoff. In order to provide you with as much notice as possible, XXXX and I met with you XXXXX to inform you of the lay off potential. This memo is your official notice of layoff. Unless otherwise approved by your Department Director, your last scheduled day of work is XXXXXX. As a result of the layoff: • You are entitled to job search assistance, tailored to the particular circumstances and as authorized by the City Manager. We have arranged for you to meet with the JANUS Group and based on your circumstances, they have recommended a 20 hour/ customized coaching/open ended timeframe/professional job search assistance package for you. We will be contracting for these services on your behalf. • You are entitled to a severance package/final leave cash out of: Shoreline Template Layoff Memo o XXX weeks of pay (based on your rate of pay in effect on your last day) o 10% of your sick leave balance (as of your last day). For your information, your total sick leave balance as of the pay period ending XXXX was XXXX hours o Your vacation leave balance as of your last day. For your information, your vacation balance as of the pay period ending XXXX was XXXX hours. • Assuming you work through XXXX (or other approved “last day of work”), effective XXXX you will be placed on a Rehire List. Once placed on the Rehire List: o You will remain on the List for a period of up to one year from date of layoff (assuming a XXXXX layoff date, this one year period would expire XXXX) o Prior to seeking to fill any vacant position for which you are qualified, the City must first offer the position to you. (If there is more than one qualified employee on the List than the position shall first be offered to the employee with the longest term of service with the City.) o The City will honor your written request to not be placed on or to be removed from the List. o You would be removed from the List upon any of the following occurring (whichever comes first): Rehire by the City Your third refusal of a City job offer Expiration of the year o In order to be notified of any Rehire List vacancy, it is your responsibility to provide the Human Resource Department with written notification of the email address the City is to use to contact you, including written notification of any change in this email address. We appreciate your service to the City and our customers and we regret the need to take this action.If you have any questions about the information contained in this letter, please contact XXXXX or me (or if the question concerns pay rate or leave balances, XXXXX in Payroll). Snoqualmie Layoff Form Letter Date Name Address Dear : It is my unfortunate responsibility to advise you that due to our requirement to achieve a balanced budget, we must reduce expenditures through layoff. We have reviewed our records and determined that you are the employee with the shortest length of continuous service in the affected workgroup. Pursuant to Section of the Collective Bargaining Agreement you are the employee we are required to lay off first. The effective date of this layoff is . This does not reflect in any way on your job performance but is strictly an economic reduction in force. If you have any questions, please contact Very truly yours, Name Title c: . Tacoma Layoff NO FORMAL OPTIONS DRAFT SAMPLE November 15, 2012 NAME ADDRESS ADDRESS Dear NAME: Due to the lack of funds to continue with current staffing levels for the 2013/2014 biennium, the position you currently hold in the DEPARTMENT as a CLASSIFICATION (CODE), has been identified for layoff. After a careful review of City employment records, the Human Resources Department has determined that there are no formal options for your continued employment with the City of Tacoma. The effective date of the layoff is the end of the day December 31, 2012. The Human Resources Department Benefits Office will be notified of your status and a representative will be available to answer your questions regarding benefits. The provided enclosures contain information that may be beneficial to you as well. • • • • • • • • • • City of Tacoma Human Resources Department Employment Resources City of Tacoma/Tacoma Public Utilities Policy 3.01 Layoff – Employees with Classified/Permanent Status City of Tacoma Human Resources Department Health Care and Benefits Resources Tacoma Employees Retirement System information Outplacement assistance information Transitions Team information Employee Assistance Program brochure Tacoma Public Library resources Surviving a Layoff book Unemployment Claims Kit Please contact the Human Resources Department at 253-591-5400, if you wish to make an appointment with your assigned Human Resources Analyst to discuss the information provided and to talk about other job/career transition resources available to support you through this process. Tacoma Layoff NO FORMAL OPTIONS DRAFT SAMPLE I regret that circumstances have resulted in this decision. I want to thank you for your contributions to the City of Tacoma and wish you the best in your future endeavors. If you have any questions about the layoff process, please feel free to contact Human Resources or your union representative, if applicable. Sincerely, T.C. Broadnax City Manager Enclosures cc: Personnel File Supervisor Union Representative Vancouver Non union layoff letter 7-8-10 (2) Date Name Dear XX: The City of Vancouver is currently facing a significant budget deficit, mandating that the City reduce costs in several ways. Cost reductions include layoffs, reductions in full-time equivalent positions, reassignments, elimination of programs and/or positions, and organizational restructuring and consolidation, as well as efforts to reduce the cost of health care. These are difficult but necessary steps given the magnitude of the coming budget shortfall. We are keenly aware that such measures have a direct impact on the City’s dedicated employees and their families and will clearly be felt throughout the organization and the community. This letter is to notify you that your position of XX has been identified as one of those to be eliminated in the proposed 2011-2012 budget due to ADD JUSTIFICATION HERE. The effective date of your layoff is planned to be the end of the day on December 31, 2010. We are providing you this information early in the process to help you to better prepare for these coming changes. We will provide you with a final notification about the elimination of your position with formal budget adoption in November. You will be expected to return to work and remain in the workplace in your current capacity until Wednesday, November 24, 2010. That will be your last day at work, but, with a signed release, you will continue to be compensated at your current rate of pay and accrue benefits until December 31, 2010. Between now and November 24, you will have an opportunity to meet with your manager or supervisor to discuss your work assignments and their transition and closeout, if applicable. The City is also committed to providing you with information and assistance to help you in this transition process. You will have an opportunity to attend City-sponsored sessions on a range of topics including finding a new job, interviewing, managing your finances, dealing with stress, etc. More detail will be forthcoming on specific offerings. Vancouver Non union layoff letter 7-8-10 (2) In addition, we encourage you to schedule a meeting with the Human Resources Benefits staff to receive more detailed information concerning your benefits. To schedule an appointment, please contact Michael Woods at 6191014 or Julie Moore at 619-1003. Once the layoff is effective, your name will be placed on a reinstatement list for a period of 12 months, and in the event that a position in the same classification from which you were laid off becomes available, you may be considered for it. We know this is a very difficult time for you and your family. The confidential services of the City’s Employee Assistance Program (EAP) are available to you during this time. The EAP can be contacted at 1-800-433-2320. Thank you for your dedication and hard work on behalf of the Department and the City of Vancouver. We appreciate your continued work during this transition and wish you the best of luck in the future. Sincerely, Department Head Name Director Department cc: HR Benefits, ER, and Recruitment Payroll Employee Personnel file Vancouver Non-union ltr 1-26-12 January 30, 2012 Employee name- Parks Non-Union Employees Dear __________ As you know, the Parks and Recreation department is currently facing a significant budget deficit, mandating that the City reduce costs in several ways. Cost reductions include layoffs, reductions in full-time equivalent positions, reassignments, elimination of programs and/or positions and organizational restructuring and consolidation. These are difficult but necessary steps given the magnitude of the budget shortfall. We understand that such measures have a direct impact on the City’s dedicated employees and their families and will be felt throughout the organization and the community. This letter is to notify you that your position of __{title}__________ has been identified for layoff or reduction in full time equivalent position because of budgetary reductions, reduction or elimination of funds and organizational restructuring. The effective date of your layoff is planned to be the end of the day on February 29, 2012. That will be your last physical day at work, but with a signed release, you will continue to be compensated at your current rate of pay and receive benefits until March 31, 2012. You will also be paid for all eligible leave credits earned including personal time off. In addition, you will be paid for any unused professional leave if you sign the release. Between now and February 29th, you will have an opportunity to meet with your manager or supervisor to discuss your work assignments and their transition and closeout, if applicable. The City is also committed to providing you with information and assistance to help you in this transition process. On Thursday, February 23, 2012, from 8:00 a.m. to 5:00 p.m. you will have an opportunity to attend a City-sponsored workshop on resume writing, finding a new job and interviewing skills. More detailed information will be forthcoming from Kathy Goldin, the City’s trainer. In addition, we encourage you to schedule a meeting with the Human Resources Benefits staff to receive more detailed information concerning your benefits. To schedule an appointment, please contact Michael Woods at 487-8414 or Julie Moore at 487-8403. Once the layoff is effective, your name will be placed on a reinstatement list for a period of 12 months, and in the event that a position in the same classification from which you were laid off becomes available, you may be considered for it. We know this is a very difficult time for you and your family. The confidential services of the City’s Employee Assistance Program (EAP) are available to you during this time. The EAP can be contacted at 1-800-433-2320. Vancouver Non-union ltr 1-26-12 Thank you for your dedication and hard work on behalf of the Department and the City of Vancouver. We appreciate your continued work during this transition and wish you the best of luck in the future. Sincerely, Peter M. Mayer, Director Vancouver-Clark Parks and Recreation Department Cc: Personnel file HR Benefits and Recruitment staff Vancouver OPEIU union January 30, 2012 Employee name- OPEIU Union employees Dear __________ As you know, the Parks and Recreation department is currently facing a significant budget deficit, mandating that the City reduce costs in several ways. Cost reductions include layoffs, reductions in full-time equivalent positions, reassignments, elimination of programs and/or positions and organizational restructuring and consolidation. These are difficult but necessary steps given the magnitude of the budget shortfall. We understand that such measures have a direct impact on the City’s dedicated employees and their families and will be felt throughout the organization and the community. This letter is to notify you that your position of __{title}__________ has been identified for layoff or reduction in full time equivalent position because of budgetary reductions, reduction or elimination of funds and organizational restructuring. The effective date of your layoff is planned to be the end of the day on February 29, 2012. That will be your last physical day at work, but with a signed release, you will continue to be compensated at your current rate of pay and receive benefits until March 31, 2012. You will also be paid for all eligible leave credits earned including vacation. As a represented employee, you may be permitted to transfer into a vacant, available position provided you meet the qualifications for the job. Alternatively, you may be permitted to move or bump into a job or classification which you currently hold or have previously held provided you meet the qualifications for the job and are not the least senior employee in that job or classification within the bargaining unit. For purposes of bumping, seniority is based on the time spent within the current or previously held job or classification in the bargaining unit. For more information about the layoff, bumping, and reinstatement process, please refer to your specific union contract including Article 25. Human Resources staff will focus on bumping rights once all layoff notices have been issued. If bumping is not going to be an option for you, we encourage you to schedule a meeting with the Human Resources Benefits staff to receive more detailed information concerning your benefits. To schedule an appointment, please contact Michael Woods at 487-8414 or Julie Moore at 487-8403. The City is also committed to providing you with information and assistance to help you in this transition process. On Thursday, February 23, 2012, from 8:00 Vancouver OPEIU union a.m. to 5:00 p.m. you will have an opportunity to attend a City-sponsored workshop on resume writing, finding a new job and interviewing skills. More detailed information will be forthcoming from Kathy Goldin, the City’s trainer. Your name will be placed on a reinstatement list for a period of thirty-six (36) months, and in the event that a 1.0 FTE position in the same classification from which you were reduced or laid off becomes available, you may be considered for it. We know this is a very difficult time for you and your family. The confidential services of the City’s Employee Assistance Program (EAP) are available to you during this time. The EAP can be contacted at 1-800-433-2320. Thank you for your dedication and hard work on behalf of the Department and the City of Vancouver. We appreciate your continued work during this transition and wish you the best of luck in the future. Very Truly Yours, Pete M. Mayer, Director Vancouver Clark Parks and Recreation Department Vancouver over 40 release sample LAYOFF SEPARATION AGREEMENT AND GENERAL RELEASE (Age 40 or Over) In consideration of the mutual covenants contained herein, THE CITY OF VANCOUVER, its elected officials, appointed officials, board and commission members, employees, agents, volunteers, servants and successors, past and present, as well as their spouses and marital communities, heirs, executors, and administrators hereinafter collectively referred to as (“City”) and __________(“Employee”) enter into the following Layoff Separation Agreement and General Release (“Agreement”). Layoff from Employment. Employee has been employed with the City since 1. ___________________ and currently holds the position of ____________________. Employee’s position with the City is being eliminated effective _______________________ resulting in Employee’s layoff and separation from employment with the City. Employee’s last date of work for the City will be ___________. Employee understands and agrees that s/he shall perform no work for or on behalf of the City as a full or part-time regular employee from _______ to __________; however, nothing in this Agreement shall preclude the parties from mutually agreeing that employee may work as a temporary or regular employee for the City after _____________. Additionally, reinstatement rights as established in the City’s Layoff policy are not impacted by the terms of this Agreement. 2. Consideration. Employee understands and agrees the following consideration paid by the City is based on Employee’s signing of this Agreement releasing the City and other parties from certain claims and not rescinding or revoking this Agreement: A. Salary Continuation. The City agrees to continue Employee’s pay at his/her regular salary, less customary payroll deductions, from ________ through _________. B. Vacation Accrual. Employee will continue to accrue leave benefits at his/her regular accrual rate from _____________ through _____________. The City will pay for Employee’s earned but unused PTO leave accrued as of ______________. Accrued vacation leave will be paid to Employee with his/her last regular paycheck, on or about _______________. C. Health and Dental Insurance. The City agrees to pay the employer’s share of Employee’s health and dental insurance coverage through the period of Employee’s pay continuation. D. Payments by Regular Payroll. The City will make the payments for salary continuation as set forth in this section by regular payroll payments following Employee’s last day of work (__________) provided this Agreement has been signed by Employee and the seven (7) day revocation period (as set forth in 5.e. below) has passed. Employee shall be exclusively liable for the payment of all federal and state taxes which may be due as a result of the consideration paid pursuant to this Agreement, other than the City’s share of FICA or similar taxes. 3. Release of All Claims. For the consideration above, Employee waives any claim against, and releases the City from, all claims, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys fees, damages, judgments, orders, remedies and liabilities of whatever kind in law, equity or otherwise, whether Vancouver over 40 release sample now known or unknown, suspected or unsuspected that Employee has now, and at anytime prior to the effective date of this Agreement, owned or held against the City arising out of or in any way connected with Employee’s employment relationship with the City. This Agreement includes, but is not limited to, any claim for personal injury, breach of contract, wrongful discharge, or any claim for discrimination because of race, sex, age, national origin, religion, or disability, under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act of 1990, the Family and Medical Leave Act, the Genetic Information and Discrimination Act, the Washington Law Against Discrimination, and any other state or federal law or statute, or any other theory or basis whether legal or equitable. 4. Exclusion of Certain Benefits or Rights from Release. This release specifically excludes the following claims and/or benefits to the extent they have accrued to Employee as of his/her last date of employment with the City, and Employee retains the following rights: a. Any claims s/he may have to wages, salary and employment-related benefits; b. Any pension, profit-sharing, retirement, or 457 plan contributions from the City to which s/he is entitled or rights to any of these benefits; c. Any and all workers’ compensation claims s/he has, filed or not yet filed; and d. Any claim or potential claim to unemployment compensation, Social Security benefits, sick leave, or any other similar benefits. e. Any protected rights Employee may have to file a charge, testify, assist or participate in any manner in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission or the Office of Federal Contract Compliance. However, Employee may not recover additional compensation or damages as a result of that participation. This Agreement also shall not waive or release claims occurring after Employee’s last date of employment, nor shall it preclude Employee from filing a lawsuit for the exclusive purposes of enforcing his/her rights under this Agreement. 5. ADEA/OWBPA Release. Employee hereby acknowledges that s/he knowingly and voluntarily enters into this Agreement with the purpose of waiving and releasing any claims under the Age Discrimination in Employment Act of 1967 (“ADEA”) and the Older Workers Benefit Protection Act (“OWBPA”), and as such, s/he acknowledges and agrees that: a. this Agreement is worded in an understandable way; b. any rights or claims arising under the ADEA and OWBPA are waived, but claims under the ADEA and OWBPA that may arise after the date of this Agreement are not waived; c. the rights and claims waived in this Agreement are in exchange for additional consideration over and above anything to which Employee was already undisputedly entitled; d. Employee has been advised to consult with an attorney prior to executing this Agreement, and has had an opportunity to do so; e. Employee acknowledges that on January 30, 2012, s/he was provided forty-five (45) days, if desired, to consider this Agreement, and understands that s/he may revoke his/her waiver and release of any ADEA (age discrimination) or OWBPA claims covered by this Agreement in the seven (7) day period following his/her execution of this Agreement by providing a revocation signed by the Employee to the City’s Human Resources Department no Vancouver over 40 release sample later than the 5 p.m. on the seventh day after signing. No revocation thereafter shall be valid and Employee understands that such a revocation will be deemed to cause a failure of consideration for this Agreement, whereupon the City would be relieved of any obligation to employ or pay Employee under this Agreement beyond February 29, 2012; f. Any changes made to this Agreement, whether material or immaterial, will not restart the running of this 45 day period. 6. Waiver of 45 Day Review Period. In accordance with the OWBPA, Employee understands that s/he may knowingly and voluntarily agree to waive the 45 calendar day period by signing this Agreement before then. Employee is encouraged to take sufficient time to carefully evaluate this decision. While Employee has been provided 45 days in which to consider this Agreement, Employee voluntarily chooses to waive the 45 day period in order to receive continuation of his/her pay and health insurance benefits beyond the date of Employee’s last day of actual work. 7. Non-admission of Liability. It is expressly understood that this Agreement and the consideration for it do not in any way constitute an admission of liability or wrongdoing on the part of the City, including any violation of state or federal law, any civil law or tort or breach of contract. Any such liability is expressly denied. This Agreement is entered into solely to bring about a resolution of this matter. 8. Entire Agreement; Knowing and Voluntary Release; Modification. The parties expressly acknowledge that no promise, inducement or agreement not set forth herein has been made. This Agreement contains the entire agreement between the City and Employee, and the terms and provisions of this Agreement are contractual and not a mere recital. Employee represents that in signing this Agreement, s/he does so with knowledge of any and all rights that it may have with respect to the provision of this Agreement; that s/he has carefully read and considered this Agreement and fully understands its contents and the significance of its contents; that s/he is entering into this Agreement of his/her own informed and free will and based upon his/her own judgment There shall be no modification or amendment to this Agreement unless by a written agreement signed by Employee and the City Manager. Choice of Law and Venue. The rights and obligations of the parties shall be governed by 9. the laws of the State of Washington. Venue for any action arising out of this Agreement shall be in Clark County, Washington. 10. Effective Date. This Agreement is effective immediately upon signature by Employee and the City Manager or his designee. A fax or scan transmission of the City Manager’s signature (or designee) will be considered an original signature page. At the request of the party, the City will confirm a fax or scan transmitted signature page by delivering an original signature page to the requesting party. DATED: This ____ day of ________, 2012. __________________________________ __________________, City Manager (or designee) EMPLOYEE IS ADVISED THAT S/HE SHOULD CONSULT WITH AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT AND GENERAL RELEASE. THE UNDERSIGNED HAS READ THIS AGREEMENT AND FULLY UNDERSTANDS IT. THE PARTIES AGREE THIS AGREEMENT IS ENTERED INTO KNOWINGLY AND VOLUNTARILY. DATED: This ____ day of ________, 2012. _________________________________ Employee Subscribed to and sworn before me this ___day of _______, 2012. ________________________________ Notary Public State of Washington My Commission expires: _________ Vancouver PORTER GENERIC RELEASE - UNDER 40 v-2 LAYOFF SEPARATION AGREEMENT AND GENERAL RELEASE (Age 39 or Under) In consideration of the mutual covenants contained herein, THE CITY OF VANCOUVER, its elected officials, appointed officials, board and commission members, employees, agents, volunteers, servants and successors, past and present, as well as their spouses and marital communities, heirs, executors, and administrators hereinafter collectively referred to as (“City”) and XX (“Employee”) enter into the following Layoff Separation Agreement and General Release (“Agreement”). Layoff from Employment. Employee has been employed with the City since May 17, 1. 1999 and currently holds the position of XX with the City’s XX Department. Employee’s position with the City is being eliminated effective December 31, 2010, resulting in Employee’s layoff and separation from employment with the City. Employee’s last date of work for the City will be November 24, 2010. Employee understands and agrees that s/he shall perform no work for or on behalf of the City after November 24. 2. Consideration. Employee understands and agrees the following consideration paid by the City is based on Employee’s signing of this Agreement releasing the City and other parties from certain claims and not rescinding or revoking this Agreement: A. Salary Continuation. The City agrees to continue Employee’s pay at his/her regular salary, less customary payroll deductions, from November 25 through December 31, 2010. B. Vacation Accrual. Employee will continue to accrue leave benefits at his/her regular accrual rate from November 25 through December 31, 2010. The City will pay for Employee’s earned but unused vacation leave accrued as of December 31, 2010. Accrued vacation leave will be paid to Employee with his/her last regular paycheck, on or about January 10, 2011. C. Health and Dental Insurance. The City agrees to pay the employer’s share of Employee’s health and dental insurance coverage through the period of Employee’s pay continuation. D. Payments by Regular Payroll. The City will make the payments for salary continuation as set forth in this section by regular payroll payments following Employee’s last day of work (November 24) provided this Agreement has been signed by Employee. Employee shall be exclusively liable for the payment of all federal and state taxes which may be due as a result of the consideration paid pursuant to this Agreement, other than the City’s share of FICA or similar taxes. 3. Release of All Claims. For the consideration above, Employee waives any claim against, and releases the City from, all claims, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys fees, damages, judgments, orders, remedies and liabilities of whatever kind in law, equity or otherwise, whether now known or unknown, suspected or unsuspected that Employee has now, and at anytime prior to the effective date of this Agreement, owned or held against the City arising out of or in any way connected with Employee’s employment relationship with the City. This Agreement includes, but is not limited to, any claim for personal injury, breach of contract, wrongful Vancouver PORTER GENERIC RELEASE - UNDER 40 v-2 discharge, or any claim for discrimination because of race, sex, age, national origin, religion, or disability, under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the Genetic Information and Discrimination Act, the Washington Law Against Discrimination, and any other state or federal law or statute, or any other theory or basis whether legal or equitable. 4. Exclusion of Certain Benefits or Rights from Release. This Agreement specifically excludes the following claims and/or benefits to the extent they have accrued to Employee as of his/her last date of employment with the City: a. Any claims s/he may have to wages, salary and employment-related benefits; b. Any pension, profit-sharing, retirement, or 457 plan contributions from the City to which s/he is entitled or rights to any of these benefits; c. Any and all workers’ compensation claims s/he has, filed or not yet filed; and d. Any claim or potential claim to unemployment compensation, Social Security benefits, sick leave, or any other similar benefits. e. Any protected rights Employee may have to file a charge, testify, assist or participate in any manner in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission or the Office of Federal Contract Compliance. However, Employee may not recover additional compensation or damages as a result of that participation. This Agreement also shall not waive or release claims occurring after Employee’s last date of employment, nor shall it preclude Employee from filing a lawsuit for the exclusive purposes of enforcing his/her rights under this Agreement. 5. Non-admission of Liability. It is expressly understood that this Agreement and the consideration for it do not in any way constitute an admission of liability or wrongdoing on the part of the City, including any violation of state or federal law, any civil law or tort or breach of contract. Any such liability is expressly denied. This Agreement is entered into solely to bring about a resolution of this matter. 6. Entire Agreement; Knowing and Voluntary Release; Modification. The parties expressly acknowledge that no promise, inducement or agreement not set forth herein has been made. This Agreement contains the entire agreement between the City and Employee, and the terms and provisions of this Agreement are contractual and not a mere recital. Employee represents that in signing this Agreement, s/he does so with knowledge of any and all rights that it may have with respect to the provision of this Agreement; that s/he has carefully read and considered this Agreement and fully understands its contents and the significance of its contents; that s/he is entering into this Agreement of his/her own informed and free will and based upon his/her own judgment There shall be no modification or amendment to this Agreement unless by a written agreement signed by Employee and the City Manager. 7. Choice of Law and Venue. The rights and obligations of the parties shall be governed by the laws of the State of Washington. Venue for any action arising out of this Agreement shall be in Clark County, Washington. Vancouver PORTER GENERIC RELEASE - UNDER 40 v-2 8. Effective Date. This Agreement is effective immediately upon signature by Employee and the City Manager or his designee. A fax or scan transmission of the City Manager’s signature (or designee) will be considered an original signature page. At the request of the party, the City will confirm a fax or scan transmitted signature page by delivering an original signature page to the requesting party. DATED: This ____ day of ________, 2010. __________________________________ __________________, City Manager (or designee) EMPLOYEE IS ADVISED THAT S/HE SHOULD CONSULT WITH AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT AND GENERAL RELEASE. THE UNDERSIGNED HAS READ THIS AGREEMENT AND FULLY UNDERSTANDS IT. THE PARTIES AGREE THIS AGREEMENT IS ENTERED INTO KNOWINGLY AND VOLUNTARILY. DATED: This ____ day of ________, 2010. _________________________________ Employee Subscribed to and sworn before me this ___day of _______, 2010. ________________________________ Notary Public State of Washington My Commission expires: _________ Vancouver Union layoff letter 7-8-10 (3) July 13, 2010 Name Dear XX: The City of Vancouver is currently facing a significant budget deficit, mandating that the City reduce costs in several ways. Cost reductions include layoffs, reductions in full time equivalent positions, reassignments, elimination of programs and/or positions, organizational restructuring and consolidation, as well as efforts to reduce the cost of health care. These are difficult but necessary steps given the magnitude of the coming budget shortfall. We are keenly aware that such measures have a direct impact on the City’s dedicated employees and their families and will clearly be felt throughout the organization and the community. The purpose of this letter is to notify you that your position of XX has been identified for elimination in the proposed 2011-2012 budget because ADD JUSTIFICATION HERE. The effective date of your layoff is planned to be the end of the day on December 31, 2010. You will receive a final notification about the elimination of your position with formal budget adoption in November. You will be expected to remain in the workplace in your current capacity until Wednesday, November 24, 2010. That will be your last day at work, but, with a signed release, you will continue to be compensated at your current rate of pay and accrue benefits as regular through December 31, 2010. Between now and November 24, you will have an opportunity to meet with your manager or supervisor to discuss your work assignments and their transition and closeout, if applicable. The City is also committed to providing you with information and assistance to help you in this transition process. You will also have an opportunity to attend City-sponsored sessions on a range of topics including finding a new job, interviewing, managing your finances, dealing with stress, etc. More detail will be forthcoming on specific offerings. Vancouver Union layoff letter 7-8-10 (3) As a represented employee, if you have held another position in your current union or bargaining unit, or if you are not the least senior employee in your current classification, you may be eligible to exercise bumping rights. For more information about the layoff, bumping, and reinstatement process, please refer to your specific union contract. Human Resources staff will focus on bumping rights once all layoff notices have been issued. If bumping is not going to be an option for you, we encourage you to schedule a meeting with the Human Resources Benefits staff to receive more detailed information concerning your benefits. To schedule an appointment, please contact Michael Woods at 619-1014 or Julie Moore at 619-1003. Once the layoff is effective, your name will be placed on a reinstatement list for a period of XX – see specific contract, and in the event that a position in the same classification from which you were laid off becomes available, you may be considered for it. We know this is a very difficult time for you and your family. The confidential services of the City’s Employee Assistance Program (EAP) are available to you during this time. The EAP can be contacted at 1-800-4332320. Thank you for your dedication and hard work on behalf of the Department and the City of Vancouver. We appreciate your continued work during this transition and wish you the best of luck in the future. Sincerely, Department Head Name Director Department cc: HR Benefits, ER, and Recruitment Payroll Employee Personnel file WCIA Layoffs_Terminations_Sample_Voluntary_Separation_Program_Offer Library: HR-Related Forms and Documents Subset: Employment Separation Subset: Sample Letter – Layoffs - Voluntary Separation Program Offer Layoffs - Voluntary Separation Program Offer [Date] Hand Delivered (Have employee sign a receipt for the letter) [Name ] [Address] Dear [ ] As you may know, there have been substantial reductions to our budget. Despite our best efforts to avoid a reduction in force, we believe a reduction in force is inevitable. You are a full-time status employee in a position scheduled for elimination due to a reduction in force. OR You are a full-time status employee in the same department as positions scheduled for elimination due to a reduction in force. [And you will not be offered a position, Or however, you will be offered a position] In an effort to reduce the number of people involuntarily separated, we are first offering a Voluntary Separation Program. If you were to accept this, you would be able to continue your health, dental and life insurance programs for [ ]. Your insurance coverage would normally end on [date]. You will be able to continue your insurance until [date]. If you choose to participate in the voluntary separation program, and you choose to retain your current coverage, then your payments will be [ ], and would be due on the [date] of each month. Payments should be forwarded to [name and phone number]. If you wish to make changes to your current coverage, please see our benefits administrator for the appropriate forms. You are also eligible for, on a pro rated basis, [ week] of pay at your current salary for each [month or year of service. Based on our calculations, you are eligible to receive [$ ] for [ ] months/years of service. HRSentry Copyright 2010 1 WCIA Layoffs_Terminations_Sample_Voluntary_Separation_Program_Offer Library: HR-Related Forms and Documents Subset: Employment Separation Subset: Sample Letter – Layoffs - Voluntary Separation Program Offer If the needed staff reduction is not accomplished through this Voluntary Separation Program, then a reduction in force will be conducted in accordance with [policy] Those accepting the voluntary separation program will be retained in their current position until the close of business [ ]. [ months] after your voluntary separation date you will be eligible for reinstatement. [If applicable, add the following sentence regarding separation pay.] However, please note that if you return to the organization or apply for retirement or early retirement within [ months] of your voluntary separation program, you shall have to repay our organization any money paid to you as a result of participation in the voluntary separation program. You will not have to repay the benefit premiums paid on your behalf by the organization. If you accept this offer, please sign the attached agreement and return it to me [ ] no later than [date and time]. If you do not return the agreement by [date and time], the organization will treat it as a rejection of the voluntary separation program. Only [number of employees] will be able to accept the voluntary separation plan. If more than this number accepts the plan, participants will be determined by [selection method determined by the organization]. If you have any questions, please contact [ ], [title], at [phone number]. If you have any questions about benefits, please contact [name and phone number]. Sincerely, [ ] HRSentry Copyright 2010 2 WCIA Layoffs_Terminations_Sample_Voluntary_Separation_Program_Offer Sample Employee RIF Notification Letter (DATE) (NAME) (TITLE) (DEPARTMENT) Dear (Employee Name) It has become necessary for our agency to implement a workforce reduction due to (insert reason). Regrettably, your position has been identified as one that will be eliminated. Your termination date is effective as of (date). You currently have (# hours) of accrued vacation (and if applicable # hours of compensatory time) payable upon termination in a lump sum. You have (insert number) number years of state service. Therefore you (are/are not) eligible for severance pay in the amount of (insert amount if eligible), payable in a lump sum two pay periods following your date of termination. Attached is information on Outplacement and Re-employment Assistance, a Benefits Continuation Summary, and a question and answer sheet. Human Resources Specialists are available to meet with you to answer any further questions that you might have concerning this process. You may contact (give agency contact names and numbers) should you need further assistance. Please be assured that our department will do all in its power to work with you, and I am available to answer any questions you may have. Sincerely, Name of agency director cc: Human Resources Manager/Specialist Revised 05-24-04 Wenatchee FInal Layoff Notice AFSCME May 31, 2012 Dear As you know from prior communications, the City needs to make significant budget reductions due to declining revenue, and the elimination of positions is one of the ways the City will address this need. On May 17th, you were advised that your position was among those identified for layoff. Regrettably, this decision remains among those still being considered. To stay within the union contract (AFSCME Section 11.5.1a) “we shall notify both the affected employee(s) and union two months in advance of the effective date” of any reduction in force (layoff). Your position will be eliminated on ________________________. You will be cashed out for unused vacation hours (up to 240 hours) and 25% of any unused sick leave up to 240 hours. These will be paid to you in your final check. Your Medical/Dental/Vision insurance will end _______________. You are eligible for continuation of coverage (COBRA) on a self-pay basis. The medical COBRA is administered through AWC and dental, the City. Notifications for COBRA will be sent out soon. The City will notify you of any job openings within the City for one year after your layoff date. Please keep us advised of any change of address as these notices will be mailed to your last known address. You will have 14 days to respond to the City if you are interested in the position. If you fail to contact us your name will be removed from the reinstatement list. If you have any questions about the layoff process, please contact me. Please know that the City regrets the need to implement this reduction in force. We appreciate your service to the City and its residents, and wish you the best. Sincerely, Wenatchee Layoff Notice May 31, 2012 Dear __________ As you know, the City of Wenatchee is currently facing a significant budget deficit, mandating that the City reduce costs in several ways. Cost reductions include departments reducing their budgets which in some cases mean layoffs, reductions in full time equivalent positions, elimination of programs, organizational restructuring, furloughs, as well as efforts to reduce the cost share for dependent health premiums. These are difficult but necessary steps given the magnitude of the coming budget shortfall. We are keenly aware that such measures have a direct impact on the City’s dedicated employees and their families and will clearly be felt throughout the organization and the community. The purpose of this letter is to notify you that your position of ______________ may be impacted. If you are ultimately going to be laid off, you will be provided with at least sixty days’ notice, and you will have a chance to meet with HR and your supervisor to ask questions and receive any additional information you need. Additionally, if you are laid off, your name will be placed on a reinstatement list for the reinstatement period indicated in your union contract, and in the event that a position in the same classification from which you were laid off becomes available, you may be considered for it. We know that this may result in a very difficult time for you and your family and that the waiting to know the fate of your position will be difficult. The confidential services of the City’s Employee Assistance Program (EAP) are available to you during this time. The EAP can be contacted at 1-800-570-9315. Thank you for your dedication and hard work on behalf of the Department and the City of Wenatchee. We appreciate your continued work during this time. Sincerely, Frank Kuntz Mayor cc: Personnel File Union President Wenatchee Layoff Notice July 17, 2012 Dear We are pleased to inform you that your layoff notice dated ______________ has been rescinded thanks to the retirements of two IAFF members and the membership’s cost savings concessions. We thank you for your patience and understanding while we worked through this difficult process and apologize for the uncertainty it caused you and your family. We are pleased that you will remain as a City of Wenatchee Firefighter. Sincerely
© Copyright 2024