N.J.A.C. 4A:8 Layoffs
Chapter 8 governs layoffs. Procedures first: notice, the demotion and displacement options an appointing authority must consider, and the timetable. Then employee layoff rights, which is where lateral rights, demotional rights, special reemployment lists and seniority are defined. Seniority in 4A:8-
Chapter 8 governs layoffs. Procedures first: notice, the demotion and displacement options an appointing authority must consider, and the timetable. Then employee layoff rights, which is where lateral rights, demotional rights, special reemployment lists and seniority are defined. Seniority in 4A:8-2.4 is the pivot the whole chapter turns on, and it is computed differently for police and fire titles than for everyone else.
Subchapter 1. Procedures
7 sections
- 4A:8-1.1 GeneralSummary108 citing decisions
A demotion counts as a layoff.
- 4A:8-1.1A (Reserved)Reserved
- 4A:8-1.2 Alternatives to layoffSummary11 citing decisions
State service shall, local service should.
- 4A:8-1.3 Pre-layoff actionsSummary11 citing decisions
Nothing in this section is voluntary for the employee, which is what separates it from the alternatives rule next door.
- 4A:8-1.4 Review by the Civil Service CommissionSummary12 citing decisions
Thirty days before any layoff notice goes out, the appointing authority files a layoff plan with the Chairperson.
- 4A:8-1.5 Layoff units and job locationsSummary4 citing decisions
How wide the layoff unit is decides who an employee can displace, and the width differs by service.
- 4A:8-1.6 Layoff noticeSummaryExplainerGuide20 citing decisions
Forty five days of written notice, served personally, or by certified mail where the employee is on leave or otherwise unavailable, in which case the 45 days are counted from the first date the Postal Service notifies the addressee.
Subchapter 2. Employee Layoff Rights
6 sections
- 4A:8-2.1 Types of layoff rightsSummaryGuide32 citing decisions
The two rights a layoff gives you, and what has to be true before either applies.
- 4A:8-2.2 Exercise of lateral and demotional rightsSummaryExplainerGuide21 citing decisions
Seniority decides the queue.
- 4A:8-2.3 Exercise of special reemployment rightsSummaryGuide25 citing decisions
Being laid off puts you on a special reemployment list, and this section decides which lists.
- 4A:8-2.4 SenioritySummaryExplainerGuide13 citing decisions
Everything in a layoff turns on this figure, and it is computed two different ways.
- 4A:8-2.5 ReassignmentsSummary
A twelve month freeze on involuntary reassignment, running from the service of the layoff notice.
- 4A:8-2.6 AppealsSummaryExplainerGuide55 citing decisions
Two different appeals, with two different standards, and the one you pick decides whether you get a hearing.