We are reopening after business closure due to COVID-19. Can we bring some employees back, but not others?

We are reopening after business closure due to COVID-19. Can we bring some employees back, but not others?

Yes. If you are recalling some positions, but not others, you should document the business reasons why only those positions were recalled.

If you are recalling some employees in a certain position, but not everyone in that position, you should document the objective, job-related criteria you used to decide which employees to bring back. Seniority or previous job performance, for example, would be acceptable criteria and relatively easy to defend if you are ever challenged.

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Legal Disclaimer: Payroll Partners and/or the HR Support Center are not engaged in the practice of law. The content in this email should not be construed as legal advice, and does not create an attorney-client relationship. If you have legal questions concerning your situation or the information you have obtained, you should consult with a licensed attorney. Payroll Partners and/or the HR Support Center cannot be held legally accountable for actions related to this article.