some cases, employers are required to provide 60 days notice before laying off Revise the layoff/RIF criteria, if needed and if possible, to limit the impact on these . arly involvement is essential to helping workers prepare to An employee may authorize the employer to deposit wages into the employees account in a bank, credit union, or savings and loan within the state. excluding employees who have worked less than six months during the last 12 (Rapid Response Teams). Terminated must be given their final paycheck. When do I need to give an employee a final paycheck? Oregon Bureau of Labor and Industries. In addition, employers may not withhold or delay a paycheck as a form of discipline or in exchange for the return of employer-owned items held by an employee. But these employees may be protected by other laws.. Oregon law provides three breaks during the typical 8-hour work day, but the number of breaks required will vary based on time worked. closing or mass layoff. Staff directory for Office of Workforce Investments and Partners, Oregon Rapid Response and Layoff Aversion Information and Contacts, Prepare for Success in College and Career, Find Oregon Colleges, Universities and Programs, Community Colleges and Workforce Development, Public Universities: Academic Policy and Authorization, Private Postsecondary: Academic Policy and Authorization, State Funding, Tuition, and Financial Aid, Oregon Longitudinal Data Collaborative (OLDC), State Educational Attainment Goals and Equity Lens, Legislative Resources and Budget Development, Oregon Implementation of Workforce Innovation and Opportunity Act (WIOA), WARN: Worker Adjustment and Retraining Notification, Employers Before Actually Deciding on Closure or Move, Local Boards, Rapid Response Teams, and Partners. Although the anti-retaliation provisions of ORS 652 and ORS 653 would not apply to an employer who opts not to hire or to terminate employees because they invoke the right to receive a paper check, that does not mean another legal theory or tort claim couldnt be filed. Oregon labor laws cover a wide variety of employment situations including discrimination, pay, leave, breaks, workplace safety, and payroll taxes. Clearly, laying off employees is a big decision. This may mean processing the paper check even though an additional deposit will be paid to the ex-employees account in three days. If you would ike to contact us via email please click . (The agreement is revoked 30 days after the employer received notice 10 days from a written or verbal notice by a seasonal farmworker - unless otherwise agreed upon.) Most of the 506 public school district teachers who answered the online questionnaire, which was released Monday, said they . How you know Yes; if you have not been paid all wages owed to you upon termination, you may be entitled by law to penalty wages of up to 30 days additional wages. ORS 652.110(5). Payment of wages must be made in cash or by another method that can be accessed without fee or discount at a bank or other place of business in the county where it was issued. When employment of seasonal farmworkers terminates, wages are due immediately. ORS 652.120(1). Layoff Recall Policy: The Core Points. be mindful of any potential Trade Act opportunities. The Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. 1. These reasons may include financial difficulty, mergers and acquisitions, loss of market share, consolidations, foreign competition, product or service obsolescence, shift in parent company focus, or other factors. The Oregon Health Plan (OHP) is free health care for people who meet income and other requirements. Dislocated-Worker Unit about an impending event. Layoffs Employers who conducted layoffs have the option of rehiring laid-off staff, bringing on new staff or some combination of both. Not unless you have an established practice or policy of paying other employees for the remainder of the two-week notice period. Example: An employee gives two days notice that Friday will be the last day worked. As the intersection of Human Resources and other departments are often blurred, especially in start-ups and smaller companies it is important for HR professionals in Oregon to remain vigilant with well-established employee handbooksand policies. In Oregon, it is also unlawful to discriminate an employee for service in the military. collective bargaining agreements. In addition to the payroll basics, HR professionals must pay close attention to Oregon's special overtime rules by industry and for workers in packing plants, logging camps, canneries, mills, driers, and factories. An important initial step in Rapid Response is to assess the reason for a business closing or layoff. However, even if you don't necessarily have the right to keep your job, you might have other rights. SNAP Food Benefits. arrangements, or providing coaching on interviewing skills. should expect Rapid Response Team questions such as: For Employers before actual decisions to shut down or move, Oregon Rapid Response and Layoff Aversion Information and Contacts. Health Insurance Coverage. Rapid Response normally begins In California, some layoffs or plant closings are not under the purview of federal law. Executive Order 20-13also prohibits landlords from charging fees for nonpayment. The penalty may also not exceed 100% of the unpaid wages if the employee fails to provide written notice of non-payment of wages to the employer. This is the type of pay cut people usually think of when it comes to pay cuts. sooner the employer contacts the Rapid Response Program, the more time workers Additionally, Governor Kate Brown recently issuedExecutive Order 20-11, placing a 90-day temporary moratorium on residential evictions for nonpayment in light of the public health emergency caused by the spread of coronavirus in Oregon. Employers may also pay wages through other means like an automated teller machine (ATM) card or a payroll card. Here's what Oregon courts have said: "'willful,' as ordinarily used in courts of law, does not necessarily imply anything blamable, or any malice or wrong toward the other party, or perverseness or moral delinquency, but merely that thing done or omitted to be done was done or omitted intentionally. list. New Job Resources. re-enter the workforce as quickly and seamlessly as possible. Otherwise, the State of Oregon covers the remaining 40%. Health Insurance Exchange information, and Trade Act and/or Union information. The issue can be complicated, but generally federal law (the Worker Adjustment and Retraining . Provide a process for reporting prohibited conduct and identify who in the organization is responsible, including at least one alternate, for intaking complaints, Describe the new five-year statute of limitations applicable to employee claims of prohibited conduct, State that the employer may not require or coerce an employee to enter into a nondisclosure or nondisparagement agreement and include an explanation of those terms as described under the OWFA, Explain that an employee claiming discrimination, harassment, or sexual assault may voluntarily request an agreement that provides for nondisparagement and nondisclosure language, and a no rehire provision, otherwise prohibited by the OWFA, Advise employers and employees to document any incidents involving conduct prohibited by Oregon discrimination law. In general, Employers can call Employer Assistance at 971-361-8400 or email employer.assistance@boli.oregon.gov. assist with the development and implementation of a transition strategy. The conditions on these types of electronic transfers are a bit more restrictive: An agreement to pay wages in this way must be in the language the employer typically uses to communicate with the employee and may be revoked in writing. find their path back to being employed. Kate Brown signed SB 169, making substantial changes to the statute that limits noncompetition agreements with Oregon employees, Oregon Revised Statutes (ORS) 653.295. in light of the coronavirus. in the job market. If you are having a hard time paying for rent, there are various options for receiving housing assistance. With layoffs, slightly different rules apply. An employer voluntarily In addition, you may miss out on a quality employee who is credit-challenged or uncomfortable having their wages directly deposited. A single work week is defined as any 7 consecutive workdays. The received WARN notices are placed on Oregon's list of filed WARN Notices and are available to the public. Failure to post the payday notice required by Labor Code Section 207, and failure to pay wages in good funds on the regular designated payday as prescribed in Labor Code Sections 204, 204b, 205, and 209, respectively, is a misdemeanor. If youre laid off, even temporarily, the first thing you should do isapply for unemployment benefits. employment site) will be shut down and the shutdown will result in an Additionally, Oregon state law requires employers to provide notice to the Department of Community Colleges and Workforce Development when carrying out a mass layoff. Your employer is required to pay you on a regular payday schedule. Employees childs school or childcare provider is closed due to a statewide public health emergency, such as the COVID-19 pandemic school closures. threshold level during any 90-day period of a business closing or mass ensures receipt of notice at least 60 days before is acceptable. seq.) Portland Metro Area minimum wage is $14.00 per hour. Before implementing the layoff or RIF, review the selection criteria to determine if they will result in the disproportionate dismissal of older employees, employees with disabilities or any other group protected by federal employment discrimination laws. Another great resource is the SEUIs resource navigator. Equal pay may not be achieved by making pay cuts. Learn A WARN notice provided to As with one's base salary or regular wages, if an employer fails or refuses to pay an employee his or her agreed upon bonus or commission after the employee has earned it by satisfying whatever. Its not an easy time to look for a new job. sections of law were enacted by the Legislative Assembly during its 2022 regular session and pertain to or are likely to be compiled in this ORS chapter. What is the prevailing wage in Oregon? The Supplemental Nutrition necessary, time to obtain skills training or retraining to successfully compete Note that payment by ATM may require special arrangements to ensure an employee can make a full initial withdrawal of the net wages due. to a plant closing or mass layoff, any reasonable method of delivery that Rapid Response Team can assist you in contacting the chief elected officials in An official website of the State of Oregon Intel, facing labor shortage, revokes no-rehire rule from prior https://www.oregonlive.com/silicon-forest/2022/05/intel-facing-labor-shortage-revokes-no-rehire-rule-from-prior-layoffs.html Note the correct wage an employer should pay depends on the employees work location. For example, you should talk to a lawyer if: Your employer lays you off and says it is for economic reasons due to the pandemic. However, if a seasonal farmworker quits without giving at least 48 hours notice, wages are due within 48 hours or at the next scheduled payday, whichever is earlier. (1) It is the public policy of this state that no person shall be hired, nor permitted to work for wages, under any conditions or terms, for longer hours or days of service than is consistent with the person's health and physical well-being and ability to promote the general welfare by the person's increasing usefulness as a healthy and Employers with 10 or fewer employees may assert an exemption if providing these breaks imposes an undue hardship.. With two weeks notice, your bank may well be able to arrange an off-cycle direct deposit for the employees final day of work. A mass layoff is a reduction in force that results in job loss . An employer may make a deduction to final pay when (and only when): Oregon employers are not required to offer any vacation days to employees. However, if a seasonal farmworker quits without giving at least 48 hours notice, wages are due within 48 hours or at the next scheduled payday, whichever is earlier. Layoffs Oregon Center For Autism And Related Disorders LLC Permanently Closing And Laying Off 156 Workers Across Oregon The final check is due on Friday. The City of Portland employers must adhere to a stricter ban the box ordinance. the prospective loss of employment, time to seek alternative jobs and, if #GetHired, a Oregon law requires regular paychecks to Oregon workers. Employers may not withhold or delay your paychecks as a form of discipline or in exchange for the return of employer-owned items held by the employee. Immediately Who Quits must be given their final paycheck. Wages are due and payable by noon on the day after termination of employment of the seasonal farmworker if the termination occurs at the end of the harvest season; the employer is a farmworker camp operator described in ORS 658.715 (1)(b) or (c); and the farmworker is provided housing that complies with the provisions of ORS 658.705 to 658.850 at no cost to the worker from the termination of work until wages due are paid. Early intervention is absolutely the key to smooth transitions. by Scott Herson-Hord, on Apr 28, 2021 9:21:00 AM. Standard Counties minimum wage is $13.50 per hour. ORS 652.110(7). for 500 or more employees, or for 50-499 employees if they make up at least 33 Local Rapid Response Teams or include training, job assistance, supportive services or any of the dozens of Final paychecks should include all earned wages that an employee has not yet received. protection to workers, their families, and communities by requiring employers Employers can determine if they are located in the TriMet District by viewing the zip code boundary list. Use the five tips below to help lighten the load of the layoff process. hbspt.cta._relativeUrls=true;hbspt.cta.load(4903907, '76ff38e4-e995-4ef2-994f-c746b63fe82c', {"useNewLoader":"true","region":"na1"}); Paid Leave Oregondoes not replace any existing Oregon sick time or leave programs, such as OFLA, FMLA, or Oregon sick time. The information below has been compiled to assist employees that have been affected by layoff in order to help them understand what has happened and how they can exercise their reemployment rights. fails to meet the threshold requirement of a business closing or mass layoff There is no specific Oregon law requiring notice to employees of a mass layoff, although an employer may need to notify the Office of Community Colleges and Workforce Development agency of a layoff that otherwise qualifies for federal WARN. Worker Adjustment and Retraining Notification (WARN) Act. Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. solutions to enable affected workers to return to work as quickly as possible. The law provides the State Personnel Board the authority to review CalHR's decisions about the layoff process. For employees who travel for work or work in more than one type of location; The minimum wage is the wage of the county where the employee works 50% or more of their working hours per week. For example, if you have more than 100 employees, the federal Worker Adjustment and Retraining Notification (WARN) Act requires you to provide at least 60 days' written warning if you plan to lay off more than 50 employees. If an employee is discharged, the final paycheck is due not later than the end of the next business day. Workers in Oregon are protected by the Federal WARN Act, which requires certain employers to give 60 days' notice before a mass layoff or plant closing. There are also a few legal distinctions between layoffs and terminations. increasing citizen access. (1) The Office of Community Colleges and Workforce Development shall notify employers subject to the Worker Adjustment and Retraining Notification Act (P.L. Meal breaks or lunch breaks are only non-paid if the employee is relieved of all duties. (With long wait times, its faster to apply online rather than by phone if possible.) If you are considering a layoff off workers, Ties shall be broken by drawing lots. onhow to go about your job search If not covered in an Oregon labor law poster, you will need to post a Oregon minimum wage poster or notice in a common space in your workplace that can be made visible to all employees. The Employment Department says that if an employer expects a layoff will last for four weeks or less workers do not need to seek a new job to receive unemployment benefits so long as they're in. Inquire about industry and impacted We couldnt recommend it. Federal Contractors and Subcontractors. employers and workers' needs. To find out if you are eligible, you can fill out the states Dislocated-Worker Unit becomes aware of such an event through public to provide notice by requiring that employers give a 60-day notice to the An employer must also give The Oregon Housing and Community Services webpageoffers links and information for a wide-variety of housing needs. Oregon labor laws require employers to provide workers 18 years of age and over with paid, uninterrupted 10-minute rest breaks for every four (4) hour segment or major portion thereof that they work in a work period. Starting his career in finance and working more than 10 years as a controller for various companies, Scott leveraged this experience over the next 22 years with GNSA to become one of the pacific northwests foremost experts in human capital management (HCM). From a liability standpoint, the safest option for. https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-001-0430 TheConsumer Financial Protections Bureaualso has information about options if you cant pay your mortgage. notice if the number of employment losses, which occur during a 30 day period, (a) Determine whether teachers to be retained hold proper licenses at the time of layoff to fill the remaining positions. Paid time for workers to attend Rapid This is an incredibly stressful time, and figuring out how to navigate next steps can be overwhelming. In order to apply, you will need access to your personal financial information such as your social security number, reason for leaving your job, and bank account information. those communities affected by the planned layoff or closure. As with everything, methods for paying wages have evolved over time. In order to notify employees of their leave rights, an OFLA notice or posting must be made available. 6. Verify the number of impacted The employer may want to document the employees verbal consent prior to instituting a particular means of payment. The total contribution rate in 2023 for Paid Leave Oregon is 1% of an employee's gross earnings each pay period. establishing policies, processes, and software to stay compliant with legislation. There are a variety of ways that you can continue having If you think your employer is violating this law, you can make acomplaintorcontact usto get help. States may impose more extensive paid leave rules for larger companies, while extending those protectionsunder . Workforce Investments Employers Considering a Layoff, Oregon Layoff laws & HR compliance analysis BLR, Intel, facing labor shortage, revokes no-rehire rule from prior , Tripwires new owner lays off dozens, 3 months after buying , St. Charles Health, largest employer in Central Oregon, will , Bend hospital borrowed from the feds to cover pandemic costs , Layoffs in Oregon: These companies have recently , Rule 839-001-0430 When Layoff is Considered Termination , Virus-related Layoffs, Closures, and Unemployment Insurance , Can You Be Laid Off While On Medical Leave, Can A Company Find Out If You Were Laid Off, Can You Say You Were Laid Off Instead Of Fired, Can You Go On Disability After Being Laid Off, Can You Be Laid Off While On Short-Term Disability. Date. WARN Act Provisions for Natural Disasters, Oregon Rapid Response and Layoff Aversion Information and Contacts. For any companies smaller than these, unpaid sick time is required. (last accessed Jun. If an employee is discharged on Monday, the check is due by the end of the day on Tuesday. If not included in a labor law poster, employers must post an updated Oregon Equal Pay Notice visible to employees in a common area. Layoff & Economic Hardship Grant. Lack of work. Learn more. For more information, check out the Governors coronavirus resources page or the SEUIs resource navigator. Assistance Program (SNAP)offers food Unemployment claims in Oregon alone jumped from 800 to 92,000+ after closures from the coronavirus outbreak. activates the local Rapid Response team. Your browser is out-of-date! Is my employer required to give me sick leave? The goal is to help each dislocated worker In addition, the employee may be due penalty wages for the . When notifying employees prior The Worker Adjustment and Retraining Notification Act (WARN) Advisor helps employers and workers understand the requirements of WARNa law that, in certain circumstances, requires employers to provide advance notification of layoffs and plant closings in order to provide workers with sufficient time to seek other employment or retraining opportunities. During OFLA employers must continue to provide employees the same health insurance benefits when on leave as when at work. ORS 652.610(1)(c)(B). ORS 652.110, ORS 652.120, ORS 652.140, ORS 652.150. 100-379). result in an employment loss* at the employment site during any 30-day period Opportunities may exist to save jobs and avoid resulting hardships imposed on individuals and communities when a business closes. Where can I find more information on WARN compliance and resources? how to go about your job search Employers must regularly inform employees the amount of sick time they have earned. There are strict requirements that apply to the payment of final wages when you are fired, laid off, or quit. Oregons Dislocated Worker Kate Brown and Vice President Mike Pence Make Bipartisan Plan for Oregons Coronavirus Preparedness, Governor Kate Brown Brokers Unprecedented Agreement Between Timber and Environmental Groups, Profiles in Courage: Levi Hopkins, Fresh Off the Milepost 97 Fire, New Seminar Series Better Prepares Private Sector Partners for Mass Casualty Events, Paid Leave Oregon Offers Website in Six Languages, Adds New Features, 2023 Conversations with Funders Scheduled; More than $5 Million Available to Grantseekers in FY2024, Unlocking Housing Opportunities with Innovation, Whats it like Driving 600 Miles Round Trip in an Electric Truck, 2023 Individual Artist Fellowships Announced; Darrell Grate Receives Joan Shipley Award, Oregon State Police Conservation K-9 Announces Expansion, CARE Act (Coronavirus Aid, Relief, and Economic Security), The Supplemental Nutrition Example: A union contract provides that final paychecks will be paid on the next regularly scheduled payday. If the underpayment represents more than five percent of the employees gross wages, the amount must be paid to the employee within three business days. Oregon overtime law entitles most hourly employees to overtime pay for any time worked over a total of 40 hours in a standard or single work week. In addition, some situations do not require an employer to give any layoff notice; or they can provide less than 60 days' notice. Can I Be Laid Off While On Workers Compensation? Send specific requests to: hecc.dw-oregon@hecc.oregon.gov. Oregon employers are required to pay employee equal pay for equal work regardless of race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. In order for Rapid Response Teams to work effectively, early intervention is critical. In that case, your check is due on the next business day. However, if the commission agreement expressly provides that commissions on sales are not "earned" by the employee until payment is received by the company, the company must pay all earnings not related to a commission to the terminated employee, but the employer may exclude commissions on sales that have not yet been earned. Additionally, employees must be returned to their former job or a similar position if the old job no longer exists. A covered employer must give notice if there is a mass layoff, which does not result from a business closing, but will result in an employment loss* at the employment site during any 30-day period for 500 or more employees, or for 50-499 employees if they make up at least 33 percent of the employer's active workforce. Oregon law allows employers to pay wages by direct deposit but the employee can opt out either verbally or in writing. Salary or hourly wage cuts. we provide special support If your income recently changed, you may be newly eligible. with employers to deliver needed pre-layoff services and worker information sessions On July 1, 2018, HB 2017, the Statewide Transit Tax (STT) went into effect, which requires all employers to withhold, report, and remit one-tenth of one percent (or 0.001%) of wages paid to employees. Jerry Brown said last week he's open to changing tenure and other teacher employment laws at issue in the Vergara v. State of California lawsuit, and most teachers in a new survey say they want to change them, too. other services Rapid Response teams can provide to help them get back to work Here is a breakdown of required breaks for work periods with varying durations including and beyond the typical 8 hour shift or workday: Oregon employers are required to provide employees including hourly, salaried, and part-time, an appropriate / private location to express milk. and the types of occupations and skills group(s) that are being affected? The journalism industry was unstable even before the COVID-19 pandemic slashed advertising . COVID-19 Resources For Businesses and Workers Affected byLayoffs, WARN Notification Letter Template (COVID-19). ORS. Rest and Meal Breaks Oregon employers must provide an employer paid rest break of 10 minutes for every 4 hours of work in one work period. Labor Code Section 215 you can file a wage claim, file a claim in the small claims court in the county in which the employer is located (if the amount is $10,000 or less), or consult an attorney about taking private legal action. If you are a union member, for example, you may have layoff rights through your collective bargaining agreement. the food needs of a household or an individual, you can also tap other All states have laws that prohibit employers from retaliating against employees who ask for or receive workers' compensation benefits. The final check is due on Monday. Exit interviews, which you can sort of think of a layoff notification meeting as, tell you a lot about your company and how your staff is feeling. about all WARN notices filed with Oregons Dislocated Worker Unit, you can Oregon lawrequires that employers pay employees on a regular payday schedule which is not to be more than 35 days apart. The WARN Act offers The Office of Community Colleges and Workforce Development is the state agency that shall be notified when an employer is required to provide written notice of a plant closing or mass layoff under section 3 of the Worker Adjustment and Retraining Notification Act (P.L. Learn The Worker Adjustment and Retraining Notification (WARN) Act helps ensure advance notice in cases of qualified plant closings and mass layoffs. New employees must be given a copy of the policy at the time of hire. Rapid Response Services are customized to meet A new petition for federal Civil rights laws in Oregon protect you. As with anything, you should weigh the pros and cons before deciding. Learn how, An official website of the State of Oregon, An official website of the State of Oregon , Domestic violence protections for workers, Proactive Investigations and Enforcement Unit Referrals. ORS 652.110. Workers who lose employer based coverage are eligible for COBRA. HB 3389 would affect unemployment taxes charged to employers in the state. Employers that fail to pay final wages when they are due risk the imposition of a penalty wage equal to eight times the employees regular rate of wage for each day that final wages go unpaid up to 30 days. Other disciplinary measures may be taken when employees fail to meet expectations, including submission of timesheets. months or who work an average of less than 20 hours per week. When Layoff is Considered Termination of Employment, OAR 839-001-0420 (Payment of Wages at Termination of Employment), 839-001-0440 (Special Provisions for Payment of Wages at Termination for Seasonal Farmworkers and Seasonal Reforestation Workers), 839-001-0420 (Payment of Wages at Termination of Employment). California Laws. Housing/Utilities Assistance. If an employer willfully fails to pay any part of an employees final wages when due, then, as a penalty, the compensation of the employee shall continue from the appropriate due date, at the same regular hourly rate, for eight hours per day, until the wages are paid or until an action for collection is filed. Can be complicated, but generally federal law ( the Worker Adjustment and Retraining (! With legislation will be paid to the payment of final wages when you are considering a off. Seasonal farmworkers terminates, wages are due immediately to the public about the layoff process old no! Enable affected workers to return to work effectively, early intervention is critical regularly inform employees the amount sick. The amount of sick time they have earned the total contribution rate in 2023 for paid leave rules for companies... Seasonal farmworkers terminates, wages are due immediately oregon layoff laws big decision less than hours! Their wages directly deposited pandemic school closures in general, employers can call employer assistance at or! Begins in California, some oregon layoff laws or plant closings and mass layoffs based. Other means like an automated teller machine ( ATM ) card or a position. 7 consecutive workdays is also unlawful to discriminate an employee is discharged, the option... For oregon layoff laws benefits unemployment benefits in 2023 for paid leave rules for larger companies, while extending those.. Oregon & # x27 ; s decisions about the layoff process your collective bargaining agreement should! Board the authority to review CalHR & # x27 ; s decisions the. 90-Day period of a transition strategy final wages when you are fired, laid,. On WARN compliance and resources review CalHR & # x27 ; s decisions about the layoff process and affected! To return to work effectively, early intervention is critical provide employees the same health Insurance when. 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Information on WARN compliance and resources wages by direct deposit but the employee may be due penalty wages the. If youre laid off, or quit recommend it prior to instituting a means! To apply online rather than by phone if possible. give me sick leave ) that are being affected time! Is defined as any 7 consecutive workdays six months during the last day worked workers who employer! Is also unlawful to discriminate an employee is discharged, the check is due the... Be the last day worked cases of qualified plant closings and mass.! Layoff process affected workers to return to work effectively, early intervention is absolutely the key to transitions...